Sen. Laura Fine

Filed: 4/24/2023





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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, egg carton containers, ice chests
15that are used for the processing or shipping of seafood or
16service ware that is used to contain, transport, or otherwise



10300HB2376sam002- 2 -LRB103 25377 DTM 60892 a

1package raw, uncooked, or butchered meat, poultry, fish, or
3    "Polystyrene foam" means blown polystyrene and expanded or
4extruded foams using a styrene monomer.
5    "Service ware" means a container, bowl, plate, tray,
6carton, cup, lid, or other item designed to contain,
7transport, serve, or aid in the consumption of food or
9    "State facility" means any facility (i) that is owned and
10operated by the State or leased and operated by the State and
11(ii) that is the primary stationary work location for 25 or
12more State employees. "State facility" does not include any
13facility under the jurisdiction of the legislative branch,
14including the Auditor General, or the judicial branch.
15    (b) Beginning January 1, 2024, a State facility may not
16sell or distribute a disposable food service container that is
17composed in whole or in part of polystyrene foam.
18    (c) The prohibition in subsection (b) does not apply to
19(i) an entity that receives State funds to provide food to
20needy individuals at no or nominal charge or (ii) a State
21agency that provides food to needy individuals at no or
22nominal charge.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".