Sen. Laura Fine

Filed: 4/21/2023





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2    AMENDMENT NO. ______. Amend House Bill 2376 by replacing
3everything after the enacting clause with the following:
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



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1butchered meat, poultry, fish, or seafood.
2    "Polystyrene foam" means blown polystyrene and expanded or
3extruded foams using a styrene monomer.
4    "Service ware" means a container, bowl, plate, tray,
5carton, cup, lid, or other item designed to contain,
6transport, serve, or aid in the consumption of food or
8    "State facility" means any facility (i) that is owned and
9operated by the State or leased and operated by the State and
10(ii) that is the primary stationary work location for 25 or
11more State employees. "State facility" does not include any
12facility under the jurisdiction of the legislative branch,
13including the Auditor General, or the judicial branch.
14    (b) Beginning January 1, 2024, a State facility may not
15sell or distribute a disposable food service container that is
16composed in whole or in part of polystyrene foam.
17    (c) The prohibition in subsection (b) does not apply to
18(i) an entity that receives State funds to provide food to
19needy individuals at no or nominal charge or (ii) a State
20agency that provides food to needy individuals at no or
21nominal charge.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".