Bill Status of HB 2086   103rd General Assembly

Short Description:  CONSUMER-OWNED CONTAINERS

House Sponsors
Rep. Anne Stava-Murray-Will Guzzardi-Maurice A. West, II-Michelle Mussman, Dagmara Avelar, Kam Buckner, Kelly M. Cassidy, Carol Ammons, Hoan Huynh, Camille Y. Lilly, Theresa Mah, Joyce Mason, Suzanne M. Ness, Maura Hirschauer, Laura Faver Dias, Nabeela Syed, Barbara Hernandez and Diane Blair-Sherlock

Senate Sponsors
(Sen. Mary Edly-Allen, Michael W. Halpin, Adriane Johnson, Willie Preston, Rachel Ventura-Laura Fine and Laura Ellman)


Last Action  View All Actions

DateChamber Action
  8/15/2023HousePublic Act . . . . . . . . . 103-0524

Statutes Amended In Order of Appearance
410 ILCS 620/3.15from Ch. 56 1/2, par. 503.15

Synopsis As Introduced
Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.

House Floor Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that self-service by consumers is not prohibited if the take-home containers are maintained clean, sanitary, free from debris, smooth, durable, and easy-to-clean, and are not capable of causing, through cleanliness or design, conditions that may cause or spread disease (rather than cleaned, stored, and dispensed in a sanitary manner). Provides that a restaurant or retailer may fill or refill a consumer-owned container with ready-to-eat or dry bulk foods (rather than ready-made food). Provides that the local (rather than county) health departments and municipalities shall not prohibit specified actions by a retailer or restaurant. Removes language providing that the Department of Public Health shall produce materials for restaurants and retailers in print format. Allows the Department of Public Health to adopt administrative rules necessary to implement, interpret, and administer the provisions. Effective immediately.

Senate Committee Amendment No. 1
Provides that except as provided under specified provisions, county health departments and municipalities may regulate but shall not prohibit (rather than 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 or the ability of a restaurant or retailer to fill or refill a consumer-owned container with ready-to-eat or dry bulk foods.

Actions 
DateChamber Action
  2/2/2023HouseFiled with the Clerk by Rep. Anne Stava-Murray
  2/7/2023HouseFirst Reading
  2/7/2023HouseReferred to Rules Committee
  2/21/2023HouseAssigned to Consumer Protection Committee
  2/28/2023HouseDo Pass / Short Debate Consumer Protection Committee; 006-003-000
  3/1/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/3/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/8/2023HouseAdded Co-Sponsor Rep. Kam Buckner
  3/20/2023HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/20/2023HouseAdded Co-Sponsor Rep. Carol Ammons
  3/21/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Anne Stava-Murray
  3/21/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/21/2023HouseAdded Co-Sponsor Rep. Hoan Huynh
  3/22/2023HouseHouse Floor Amendment No. 1 Rules Refers to Consumer Protection Committee
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  3/23/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 006-003-000
  3/24/2023HouseAdded Chief Co-Sponsor Rep. Will Guzzardi
  3/24/2023HouseAdded Chief Co-Sponsor Rep. Michelle Mussman
  3/24/2023HouseAdded Chief Co-Sponsor Rep. Maurice A. West, II
  3/24/2023HouseChief Co-Sponsor Changed to Rep. Will Guzzardi
  3/24/2023HouseChief Co-Sponsor Changed to Rep. Maurice A. West, II
  3/24/2023HouseChief Co-Sponsor Changed to Rep. Michelle Mussman
  3/24/2023HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/24/2023HouseAdded Co-Sponsor Rep. Theresa Mah
  3/24/2023HouseAdded Co-Sponsor Rep. Joyce Mason
  3/24/2023HouseAdded Co-Sponsor Rep. Suzanne M. Ness
  3/24/2023HouseAdded Co-Sponsor Rep. Maura Hirschauer
  3/24/2023HouseAdded Co-Sponsor Rep. Laura Faver Dias
  3/24/2023HouseAdded Co-Sponsor Rep. Nabeela Syed
  3/24/2023HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/24/2023HouseAdded Co-Sponsor Rep. Diane Blair-Sherlock
  3/24/2023HouseHouse Floor Amendment No. 1 Adopted
  3/24/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2023HouseThird Reading - Short Debate - Passed 070-037-000
  3/27/2023SenateArrive in Senate
  3/27/2023SenatePlaced on Calendar Order of First Reading
  3/27/2023SenateChief Senate Sponsor Sen. Laura Fine
  3/27/2023SenateFirst Reading
  3/27/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Environment and Conservation
  4/18/2023SenateAlternate Chief Sponsor Changed to Sen. Mary Edly-Allen
  4/18/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mary Edly-Allen
  4/18/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/19/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Environment and Conservation
  4/19/2023SenateSenate Committee Amendment No. 1 Adopted; Environment and Conservation
  4/20/2023SenateDo Pass as Amended Environment and Conservation; 006-000-000
  4/20/2023SenatePlaced on Calendar Order of 2nd Reading April 25, 2023
  4/27/2023SenateSecond Reading
  4/27/2023SenatePlaced on Calendar Order of 3rd Reading May 2, 2023
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Michael W. Halpin
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Willie Preston
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Rachel Ventura
  5/4/2023SenateThird Reading - Passed; 054-000-000
  5/4/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Laura Fine
  5/4/2023SenateAdded as Alternate Co-Sponsor Sen. Laura Ellman
  5/8/2023HouseArrived in House
  5/8/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/9/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/9/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Anne Stava-Murray
  5/15/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Consumer Protection Committee
  5/16/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 005-003-000
  5/17/2023HouseSenate Committee Amendment No. 1 House Concurs 075-038-000
  5/17/2023HouseHouse Concurs
  5/17/2023HousePassed Both Houses
  6/15/2023HouseSent to the Governor
  8/11/2023HouseGovernor Approved
  8/15/2023HouseEffective Date August 11, 2023
  8/15/2023HousePublic Act . . . . . . . . . 103-0524

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