Full Text of HB2376 103rd General Assembly
HB2376eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | adding 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 | 10 | | designed for one-time use. "Disposable food service container" | 11 | | includes, but is not limited to, service ware for take-out | 12 | | foods, bakery products, and leftovers from partially consumed | 13 | | meals. "Disposable food service container" does not include | 14 | | polystyrene foam coolers or ice chests that are used for the | 15 | | processing or shipping of seafood or service ware that is used | 16 | | to contain, transport, or otherwise package raw, uncooked, or | 17 | | butchered meat, poultry, fish, or seafood. | 18 | | "Polystyrene foam" means blown polystyrene and expanded or | 19 | | extruded foams using a styrene monomer. | 20 | | "Primarily engaged in the sale of ready-to-eat food for | 21 | | immediate consumption" means that a retail establishment | 22 | | derives at least 51% of its total sales, excluding the sale of | 23 | | liquor, from the sale of ready-to-eat food for immediate |
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| 1 | | consumption. | 2 | | "Restaurant" means a retail establishment that is | 3 | | primarily engaged in the sale of ready-to-eat food for | 4 | | immediate consumption. | 5 | | "Retail establishment" means a person or entity that is | 6 | | engaged in the business of making sales at retail and that | 7 | | generates occupation or use tax revenue. | 8 | | "Service ware" means a container, bowl, plate, tray, | 9 | | carton, cup, lid, or other item designed to contain, | 10 | | transport, serve, or aid in the consumption of food or | 11 | | beverages. | 12 | | (b) Beginning January 1, 2024, a retail establishment may | 13 | | not sell or distribute in this State a disposable food service | 14 | | container that is composed in whole or in part of polystyrene | 15 | | foam. | 16 | | (c) The prohibition under subsection (b) shall not apply | 17 | | to the following entities, or to the sale of polystyrene foam | 18 | | by a retail establishment to the following entities, until | 19 | | January 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 | 5 | | becoming law.
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