Full Text of HB2376 103rd General Assembly
HB2376eng 103RD GENERAL ASSEMBLY
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Environmental Protection Act is amended by
adding Section 52.11 as follows:
(415 ILCS 5/52.11 new)
Disposable food service containers.
(a) In this Section:
"Disposable food service container" means service ware
designed for one-time use. "Disposable food service container"
includes, but is not limited to, service ware for take-out
foods, bakery products, and leftovers from partially consumed
meals. "Disposable food service container" does not include
polystyrene foam coolers or ice chests that are used for the
processing or shipping of seafood or service ware that is used
to contain, transport, or otherwise package raw, uncooked, or
butchered meat, poultry, fish, or seafood.
"Polystyrene foam" means blown polystyrene and expanded or
extruded foams using a styrene monomer.
"Primarily engaged in the sale of ready-to-eat food for
immediate consumption" means that a retail establishment
derives at least 51% of its total sales, excluding the sale of
liquor, from the sale of ready-to-eat food for immediate
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"Restaurant" means a retail establishment that is
primarily engaged in the sale of ready-to-eat food for
"Retail establishment" means a person or entity that is
engaged in the business of making sales at retail and that
generates occupation or use tax revenue.
"Service ware" means a container, bowl, plate, tray,
carton, cup, lid, or other item designed to contain,
transport, serve, or aid in the consumption of food or
(b) Beginning January 1, 2024, a retail establishment may
not sell or distribute in this State a disposable food service
container that is composed in whole or in part of polystyrene
(c) The prohibition under subsection (b) shall not apply
to the following entities, or to the sale of polystyrene foam
by a retail establishment to the following entities, until
January 1, 2025:
(1) A food pantry.
(2) A soup kitchen.
(3) A not-for-profit corporation that provides food to
needy individuals at no or nominal charge.
(4) A federal, State, or local governmental agency
that provides food to needy individuals at no or nominal
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(5) A restaurant with an annual gross income under
$500,000 per location as stated on the restaurant's income
tax filing for the most recent tax year.
This Act takes effect upon