HB5534 101ST GENERAL ASSEMBLY

LRB101 20785 CPF 70477 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5534

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

410 ILCS 620/3.15

from Ch. 56 1/2, par. 503.15

Amends the Illinois Food, Drug and Cosmetic Act. In provisions regarding the handling of bulk food: replaces references to personal containers with references to consumer-owned containers; provides that clean consumer-owned containers provided or returned to a restaurant or retailer for filling may be filled and returned to the same consumer if the consumer-owned container is filled by either an employee of the restaurant or retailer or the owner of the consumer-owned container; requires consumer-owned containers filled to be designed and constructed for reuse in accordance with a specified provision of the 2017 Food Code; requires restaurants and retailers to meet specified requirements. Provides that consumer-owned containers that are not food-specific may be filled at a beverage vending machine or system; requires the Department of Public Health to produce materials for restaurants and retailers indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for such containers. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Food, Drug and Cosmetic Act is amended by changing Section 3.15 as follows:

(410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)

Sec. 3.15. To offer for sale any bulk food in a manner other than to prevent direct handling of such items by the consumer. This Section shall not prohibit self-service by consumers provided that the dispensers utilized prevent the direct handling of such foods and that take-home containers, including bags, cups, and lids, provided for consumer use are cleaned, stored, and dispensed in a sanitary manner.

A restaurant or retailer may allow a consumer to fill or refill a consumer-owned personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Consumer-owned Personal containers used for this purpose shall be clean and sanitary.

Except as provided under Part 750 of Title 77 of the Illinois Administrative Code, county health departments and municipalities shall not prohibit the ability of a retailer to allow a consumer to fill or refill a consumer-owned personal container with bulk food if the dispensers used prevent the direct handling of the bulk food and the consumer-owned personal containers used are clean and sanitary.

Clean consumer-owned containers provided or returned to the restaurant or retailer for filling may be filled and returned to the same consumer if the consumer-owned container is filled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. A consumer-owned container filled under this Section shall be designed and constructed for reuse in accordance with Section 3-304.17(B)(1) of the 2017 Food Code published by the U.S. Food and Drug Administration.

The restaurant or retailer shall:

(1) either isolate the consumer-owned container from the serving surface or sanitize the serving surface after each filling, except for bulk food if the dispensers used prevent the direct handling of the bulk food;

(2) prepare, maintain, and adhere to written procedures to prevent cross-contamination and make the written procedures available to the Department of Public Health upon request or at the time of an inspection; and

(3) ensure compliance with any handwashing requirements.

Consumer-owned containers that are not food-specific may be filled at a beverage vending machine or system.

The Department of Public Health shall produce materials for restaurants and retailers, to be made available electronically or in print format, indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for such containers.

(Source: P.A. 101-510, eff. 1-1-20.)

Section 99. Effective date. This Act takes effect upon becoming law.