HB3490 102ND GENERAL ASSEMBLY

LRB102 11653 CPF 21530 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3490

Introduced 2/22/2021, by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:

410 ILCS 620/21.5 new

Amends the Food, Drug and Cosmetic Act. Provides that, notwithstanding any other provision of law, a restaurant shall, by default, include a specified type of water, milk, milk alternative, or juice with a children's meal sold by the restaurant. Provides that a restaurant may include another beverage with a children's meal upon request. Provides that, during any inspection of a restaurant by a health officer or health inspector of a local health department, the health officer or health inspector shall inspect the restaurant to determine whether it complies with these provisions. Provides that restaurants that violate the provisions are subject to a warning and specified civil penalties. Allows the Department of Public Health to adopt any rules it deems necessary for the implementation, administration, and enforcement.

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 adding Section 21.5 as follows:

(410 ILCS 620/21.5 new)

Sec. 21.5. Default beverage for children's meals.

(a) In this Section:

"Children's meal" means a combination of food items sold for a single price intended for consumption by children.

"Default beverage" means a beverage automatically included as part of a children's meal absent a specific request by the purchaser of the children's meal for an alternative beverage.

"Restaurant" has the same meaning provided in Section 21.4 of this Act.

(b) Notwithstanding any other provision of law, a restaurant shall, by default, include one of the following default beverages with a children's meal sold by the restaurant:

(1) water;

(2) sparkling water;

(3) flavored water with no added natural or artificial sweeteners;

(4) nonfat or 1% milk with no added natural or artificial sweeteners;

(5) nondairy milk alternatives:

(A) with no added natural or artificial sweeteners;

(B) containing no more than 130 calories per container or serving as offered for sale; and

(C) meeting the standards for the National School Lunch Program as set forth in 7 CFR 210.10; or

(6) 100% fruit or vegetable juice or juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than 8 ounces.

(c) A restaurant may include a beverage with a children's meal that is not listed under subsection (b) upon request.

(d) A beverage listed or displayed on a restaurant menu or advertisement for a children's meal shall be one of the default beverages listed in subsection (b).

(e) During any inspection of a restaurant by a health officer or health inspector of a local health department, the health officer or health inspector shall inspect the restaurant to determine whether it complies with this Section.

(f) A restaurant that violates this Section is subject to:

(1) a warning for a first offense;

(2) a civil penalty of $25 for a second offense; and

(3) a civil penalty of $100 for a third or subsequent offense.

A local public health director, or his or her designee, may charge and collect the civil penalties under this subsection.

(g) The Department of Public Health may adopt any rules it deems necessary for the implementation, administration, and enforcement of this Section.