HB2376 EngrossedLRB103 25377 CPF 53332 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5adding Section 52.11 as follows:
6    (415 ILCS 5/52.11 new)
7    Sec. 52.11. Disposable food service containers.
8    (a) In this Section:
9    "Disposable food service container" means service ware
10designed for one-time use. "Disposable food service container"
11includes, but is not limited to, service ware for take-out
12foods, bakery products, and leftovers from partially consumed
13meals. "Disposable food service container" does not include
14polystyrene foam coolers or ice chests that are used for the
15processing or shipping of seafood or service ware that is used
16to contain, transport, or otherwise package raw, uncooked, or
17butchered meat, poultry, fish, or seafood.
18    "Polystyrene foam" means blown polystyrene and expanded or
19extruded foams using a styrene monomer.
20    "Primarily engaged in the sale of ready-to-eat food for
21immediate consumption" means that a retail establishment
22derives at least 51% of its total sales, excluding the sale of
23liquor, from the sale of ready-to-eat food for immediate



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2    "Restaurant" means a retail establishment that is
3primarily engaged in the sale of ready-to-eat food for
4immediate consumption.
5    "Retail establishment" means a person or entity that is
6engaged in the business of making sales at retail and that
7generates occupation or use tax revenue.
8    "Service ware" means a container, bowl, plate, tray,
9carton, cup, lid, or other item designed to contain,
10transport, serve, or aid in the consumption of food or
12    (b) Beginning January 1, 2024, a retail establishment may
13not sell or distribute in this State a disposable food service
14container that is composed in whole or in part of polystyrene
16    (c) The prohibition under subsection (b) shall not apply
17to the following entities, or to the sale of polystyrene foam
18by a retail establishment to the following entities, until
19January 1, 2025:
20        (1) A food pantry.
21        (2) A soup kitchen.
22        (3) A not-for-profit corporation that provides food to
23    needy individuals at no or nominal charge.
24        (4) A federal, State, or local governmental agency
25    that provides food to needy individuals at no or nominal
26    charge.



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1        (5) A restaurant with an annual gross income under
2    $500,000 per location as stated on the restaurant's income
3    tax filing for the most recent tax year.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.