HB5507ham001 104TH GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 4/7/2026

10400HB5507ham001 LRB104 17456 LNS 36270 a

AMENDMENT TO HOUSE BILL 5507

AMENDMENT NO. ______. Amend House Bill 5507 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Food Reform to Ensure Student Health Act.

Section 5. Purpose. The purpose of this Act is to facilitate and support the creation of health-promoting eating environments in this State.

Section 10. Definitions. As used in this Act:

"Category of food" means the following groups of food:

(1) fruits;

(2) vegetables;

(3) grains;

(4) cereals;

(5) beans, peas, and lentils;

(6) nuts, seeds, and soy products;

(7) beverages;

(8) dairy;

(9) seafood;

(10) poultry;

(11) meat;

(12) eggs;

(13) condiments;

(14) fats and oils; and

(15) herbs and spices. "Category of food" includes any groups of food enumerated in this definition that the State Board expands, clarifies, or subdivides by rule.

"FDA" means the U.S. Food and Drug Administration.

"Food" means all food and beverages intended for sale or to be served to school pupils on campus during the school day. "Food" does not include meals reimbursed under the federal Richard B. Russell National School Lunch Act or the federal Child Nutrition Act of 1966, except to the extent permitted under federal law.

"Food product" means the finished product of a food or beverage with a unique universal product code, other than a food product reimbursed under a program authorized by the federal Richard B. Russell National School Lunch Act or the federal Child Nutrition Act of 1966 or food provided by the United States Department of Agriculture Foods in Schools program. "Food product" does not include meals reimbursed under the federal Richard B. Russell National School Lunch Act or the federal Child Nutrition Act of 1966, except to the extent permitted under federal law.

"Health-promoting eating environment" means there are healthy, good-quality, culturally appropriate, and affordable options in a place where food and beverages are served or sold.

"High amounts of saturated fat, sodium, or added sugar" means that:

(1) the food or beverage contains 10% or greater of total energy from saturated fat, excluding whole or minimally processed food or if evaluated in the context of overall nutrient density, as defined by the federal 2025-2030 Dietary Guidelines for Americans;

(2) the food or beverage contains a ratio of milligrams of sodium to calories that is equal to or greater than 1:1; or

(3) the food or beverage contains 10% or greater of total energy from added sugars.

"Nonnutritive sweetener or other substance" means:

(1) nonnutritive sweeteners, as defined in 21 CFR 170.3(o)(19); or

(2) any of the following substances:

(A) D-sorbitol (CAS 50-70-4);

(B) erythritol (CAS 149-32-6);

(C) hydrogenated starch hydrolysates, including, but not limited to, CAS 68425-17-2;

(D) sucralose (CAS 56038-13-2);

(E) isomalt, including, but not limited to, CAS 64519-82-0, CAS 534-73-6, and CAS 20942-99-8;

(F) lactitol (CAS 585-86-4);

(G) Luo Han Fruit Concentrate (CAS 977188-77-4);

(H) maltitol (CAS 585-88-6);

(I) steviol glycosides, including, but not limited to, CAS 58543-16-1, CAS 57817-89-7, CAS 1220616-44-3, and CAS 1220616-34-1;

(J) thaumatin, including, but not limited to, CAS 53850-34-3; or

(K) xylitol (CAS 87-99-0).

"Public entity" means the State, a State agency, a unit of local government, or a school district.

"Restricted school food" means a food or beverage product that:

(1) contains substances available in the United States Food and Drug Administration's Substances Added to Food inventory database, except for salt or sodium chloride, spices or other natural seasonings or flavorings listed in 21 CFR 182.10, and natural color additives listed in 21 CFR 73, that are designated as having any of the following FDA-defined technical effects:

(A) surface-active agents, as defined in 21 CFR 170.3(o)(29);

(B) stabilizers and thickeners, as defined in 21 CFR 170.3(o)(28);

(C) propellants and aerating agents, as defined in 21 CFR 170.3(o)(25);

(D) colors and coloring adjuncts, as defined in 21 CFR 170.3(o)(4);

(E) emulsifiers and emulsifier salts, as defined in 21 CFR 170.3(o)(8);

(F) flavoring agents and adjuvants, as defined in 21 CFR 170.3(o)(12), excluding spices and other natural seasonings and flavorings listed in 21 CFR 182.10;

(G) flavor enhancers, as defined in 21 CFR 170.3(o)(11), excluding spices and other natural seasonings and flavorings listed in 21 CFR 182.10; or

(H) nonnutritive sweeteners, as defined in 21 CFR 170.3(o)(19); and

(2) is restricted from service or sale in schools by rules adopted by the State Board under Section 15. "Restricted school food" does not include any of the following:

(1) commodity food specifically made available by the United States Department of Agriculture;

(2) a raw agricultural commodity;

(3) an unprocessed locally grown or locally raised agricultural product, as defined in 7 CFR 210.21(g)(2);

(4) minimally processed prepared food, as defined by the State Board by rule, which may include food in a variety of forms, including, but not limited to, whole, cut, sliced, diced, canned, pureed, dried, and pasteurized;

(5) Class I milk, as determined by Federal Milk Marketing Orders;

(6) alcoholic beverages;

(7) medical food, as defined in 21 CFR 101.9(j)(8), only if exempted by the State Board by rule; and

(8) infant formula, as defined in 21 CFR 107, only if exempted by the State Board by rule.

"School" means an elementary or secondary school or any public entity, including any contractor, vendor, or food service management company acting on behalf of such entity, that purchases or provides food or food products to pupils on campus during the school day.

"School day" means that period of time during which a pupil is required to be in attendance for instructional purposes.

"State Board" means the State Board of Education.

"Ultraprocessed food" or "UPF" means any food or beverage that contains:

(1) substances available in the United States Food and Drug Administration's Substances Added to Food inventory database, except for salt or sodium chloride, spices or other natural seasonings or flavorings listed in 21 CFR 182.10, and natural color additives listed in 21 CFR 73, that are designated as having any of the following FDA-defined technical effects:

(A) surface-active agents, as defined in 21 CFR 170.3(o)(29);

(B) stabilizers and thickeners, as defined in 21 CFR 170.3(o)(28);

(C) propellants and aerating agents, as defined in 21 CFR 170.3(o)(25);

(D) colors and coloring adjuncts, as defined in 21 CFR 170.3(o)(4);

(E) emulsifiers and emulsifier salts, as defined in 21 CFR 170.3(o)(8);

(F) flavoring agents and adjuvants, as defined in 21 CFR 170.3(o)(12), excluding spices and other natural seasonings and flavorings, as listed in 21 CFR 182.10;

(G) flavor enhancers, as defined in 21 CFR 170.3(o)(11), excluding spices and other natural seasonings and flavorings, as listed in 21 CFR 182.10; or

(H) nonnutritive sweeteners, as defined in 21 CFR 170.3(o)(19); and

(2) either high amounts of saturated fat, sodium, or added sugar or a nonnutritive sweetener or other substance. "Ultraprocessed food" or "UPF" does not include any of the following:

(1) whole or minimally processed food provided through the United States Department of Agriculture Foods in Schools Program, including fresh produce and raw agricultural commodities and except for processed or manufactured food products, unless otherwise determined by the State Board by rule;

(2) a raw agricultural commodity;

(3) an unprocessed locally grown or locally raised agricultural product, as defined in 7 CFR 210.21(g)(2);

(4) minimally processed prepared food, as defined by the State Board by rule, which may include food in a variety of forms, including, but not limited to, whole, cut, sliced, diced, canned, pureed, dried, and pasteurized;

(5) Class I milk, as determined by Federal Milk Marketing Orders;

(6) alcoholic beverages;

(7) medical food, as defined in 21 CFR 101.9(j)(8), only if exempted by the State Board by rule; and

(8) infant formula, as defined in 21 CFR 107, only if exempted by the State Board by rule.

"Ultraprocessed food of concern" means a food or food product that is an ultraprocessed food and that is of concern under rules adopted by the State Board under Section 15.

Section 15. Rules.

(a) On or before June 1, 2028, the State Board, in consultation with the Department of Public Health, shall adopt rules to implement and administer this Act. These rules shall include, but not be limited to, rules to define "ultraprocessed foods of concern" and "restricted school foods" that consider all of the following factors:

(1) whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences;

(2) whether the products include or require a warning label in other state, federal, or international jurisdictions due to concerns about adverse health consequences;

(3) whether, based on reputable, peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences, including, but not limited to, any of the following:

(A) cancer;

(B) cardiovascular disease;

(C) metabolic disease;

(D) developmental or behavioral issues;

(E) reproductive harm;

(F) obesity;

(G) type 2 diabetes; and

(H) other health harms associated with UPF consumption;

(4) whether, based on reputable, peer-reviewed scientific evidence, a substance or group of substances may be hyperpalatable or may contribute to food addiction;

(5) whether the food has been modified to be high in saturated fat, added sugar, or salt;

(6) whether the food meets the requirements of the United States Food and Drug Administration's final rule issued on December 27, 2024, titled "Food Labeling: Nutrient Content Claims; Definition of Term 'Healthy'" (89 FR 106064, codified at 21 CFR 101.65), that defines nutrient contents that are deemed to be a part of a nutritious diet; and

(7) whether the substance is a common natural additive.

(b) In the adoption of the rules defining "ultraprocessed foods of concern" and "restricted school foods" under subsection (a), the State Board shall be guided by a rigorous examination of available and reputable, peer-reviewed scientific evidence and shall consider all of the following:

(1) the total number of jurisdictions where the substance or product is banned, restricted, or requires a warning label;

(2) the basis for any determination by another jurisdiction to ban, restrict, or require a warning label for any substance or product;

(3) the quality, caliber, and scope of any scientific evidence for any determination, including a rigorous examination of whether the evidence is the product of scientific research conducted according to internationally recognized best practices for scientific research; and

(4) any reputable, peer-reviewed scientific evidence that would call into question any determination that a substance is linked to health harms or adverse health consequences.

(c) The State Board shall review its rules and, as needed, update the definitions of "ultraprocessed foods of concern" and "restricted school foods" every 5 years to accommodate any relevant advances in scientific knowledge, the development of better agricultural or manufacturing practices, or other changes that require revision of either or both of the definitions. If an update to either or both of those definitions would add a food product to the list of "restricted school foods" or "ultraprocessed foods of concern", the State Board shall delay the operation of the revised definition by 3 years to give impacted entities time to comply with the new definition's impact on the requirements of this Act.

(d) The State Board shall adopt and revise rules under this Section in consultation with appropriate State agencies and universities, as well as school food authorities, school nutrition program directors, and school nutrition program managers, as defined in 7 CFR 210.2, after providing an opportunity for all interested parties to comment.

(e) The State Board may seek information from academia, other states, the federal government, and other nations to inform implementation of this Section.

(f) In adopting rules under this Section, the State Board shall ensure consistency with federal laws and rules governing school nutrition programs, including any updates to the federal 2025-2030 Dietary Guidelines for Americans.

Section 20. Phasing out restricted school foods and ultraprocessed foods of concern.

(a) No later than July 1, 2029, all schools shall begin to phase out restricted school foods and ultraprocessed foods of concern.

(b) Beginning July 1, 2032, a vendor, contractor, or food service management company may not offer restricted school foods or ultraprocessed foods of concern to a school.

(c) The failure of a school, school district, regional office of education, charter school, vendor, contractor, or food service management company to comply with this Section does not create a private right of action.

(d) Implementation of this Section with respect to reimbursable meals shall be carried out in a manner consistent with federal laws and rules governing child nutrition programs.

Section 25. Vendors; report requirements.

(a) On or before February 1, 2028 and on or before February 1 of each year thereafter through February 1, 2032, any vendor of food or food products for a school shall report the following information to the State Board for each food product sold to schools in the past calendar year, to the extent it is known to the vendor:

(1) the total quantity of that food product sold to schools;

(2) the name of the food product;

(3) whether the food product is an ultraprocessed food;

(4) whether the food product is a restricted school food or an ultraprocessed food of concern;

(5) the category or categories of food to which the food product belongs;

(6) the average total calories in each food product sold to schools that year;

(7) the ingredient list for the food product; and

(8) the Nutrition Facts for the food product.

(b) The requirements of subsection (a) do not apply to:

(1) a cottage food operation, as defined in Section 4 of the Food Handling Regulation Enforcement Act;

(2) a home kitchen operation, as defined in Section 3.6 of the Food Handling Regulation Enforcement Act; or

(3) a small business, as defined in Section 1-75 of the Illinois Administrative Procedure Act.

(c) The failure of a vendor to comply with this Section does not create a private right of action.

(d) This Section is inoperative beginning on July 1, 2033. This Section is repealed on January 1, 2034.

Section 30. Annual report.

(a) On or before July 1, 2028 and on or before July 1 of each year thereafter through July 1, 2032, the State Board, in consultation with the Department of Public Health and using information reported under Section 25, shall submit to the General Assembly and the Governor a written report containing all of the following information:

(1) a summary and analysis of information reported under Section 25 for the prior year;

(2) a summary and analysis of the progress of the restricted school foods and ultraprocessed foods of concern phaseout required by this Act;

(3) estimates of the amount of foods that are not ultraprocessed food items and are sold or served to pupils on campus during the school day in elementary or secondary schools;

(4) estimates of the portion of the average elementary or secondary school food intake, in calories, that is composed of ultraprocessed foods;

(5) a strategy for reducing the consumption of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools;

(6) analysis of the feasibility of reducing the sale or service of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools;

(7) any actions the State Board or the Department of Public Health plans to take regarding restricted school foods and ultraprocessed foods of concern; and

(8) recommendations for State and local legislative actions that could reduce the consumption of restricted school foods and ultraprocessed foods of concern in schools.

(b) The State Board shall make the report prepared under subsection (a) publicly available on its Internet website.

(c) This Section is inoperative beginning on August 1, 2033. This Section is repealed on January 1, 2034.

Section 35. More stringent restrictions permitted. This Act does not limit or deny the powers of a public entity, including a home rule unit, to adopt more stringent restrictions on ultraprocessed foods, restricted school foods, or ultraprocessed foods of concern.

Section 40. Compliance training and technical assistance.

(a) For purposes of this Act, the State Board shall consult with the Department of Public Health regarding compliance training and technical assistance for school food service and procurement staff and for purposes of nutrition and public health expertise.

(b) The State Board shall establish a structure to deliver training and technical assistance to school districts, regional offices of education, and charter schools.

(c) The State Board may contract with providers with expertise in nutrition, school-community collaboration of service delivery and financing, and coordination and integration of support services to deliver training and technical assistance to implement this Act.

(d) The topics for the training provided under this Section shall be identified by the State Board through a periodic survey of school districts. The curriculum for the training may be developed in consultation with representatives from associations, consumer associations, and others, as deemed appropriate by the State Board.

Section 45. Compliance and enforcement.

(a) The State Board shall oversee implementation and compliance with this Act.

(b) The State Board shall establish a process to monitor compliance by schools, school districts, vendors, contractors, and food service management companies subject to this Act.

(c) If the State Board determines that a school, school district, vendor, contractor, or food service management company is not in compliance with this Act or rules adopted under this Act, the State Board shall first provide written notice and an opportunity to cure the noncompliance.

(d) The State Board may require the submission of a corrective action plan to achieve compliance within a reasonable timeframe.

(e) For continued or repeated noncompliance, the State Board may take appropriate administrative action, including, but not limited to:

(1) requiring additional reporting or monitoring;

(2) restricting a vendor, contractor, or food service management company from entering into new or renewed contracts with a school or school district; and

(3) any other administrative remedies authorized by law.

(f) Nothing in this Section may be construed to create a private right of action.

Section 50. Food or food product standards. Nothing in this Act prohibits the State from adopting standards regarding food or food products that exceed federal minimum requirements if not in conflict with federal law.

Section 90. The School Code is amended by changing Section 27A-5 as follows:

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. In all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. This limitation does not apply to charter schools existing or approved on or before April 16, 2003.

(b-5) (Blank).

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. A charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent.

(c-5) No later than January 1, 2021 or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. The State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs, including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 22-110 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 22-105 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Sections 22-90 and 26-18 of this Code;

(15) Section 22-30 of this Code;

(16) Sections 24-12 and 34-85 of this Code;

(17) the Seizure Smart School Act;

(18) Section 2-3.64a-10 of this Code;

(19) Sections 10-20.73 and 34-21.9 of this Code;

(20) Section 10-22.25b of this Code;

(21) Section 27-1015 of this Code;

(22) Section 27-1010 of this Code;

(23) Section 34-18.8 of this Code;

(24) Article 26A of this Code;

(25) Section 2-3.188 of this Code;

(26) Section 22-85.5 of this Code;

(27) subsections (d-10), (d-15), and (d-20) of Section 10-20.56 of this Code;

(28) Sections 10-20.83 and 34-18.78 of this Code;

(29) Section 10-20.13 of this Code;

(30) (blank);

(31) Section 34-21.6 of this Code;

(32) Section 22-85.10 of this Code;

(33) Section 2-3.196 of this Code;

(34) Section 22-95 of this Code;

(35) Section 34-18.62 of this Code;

(36) the Illinois Human Rights Act;

(37) Section 2-3.204 of this Code; and

(38) Section 22-106 22-105 of this Code; and .

(39) the Food Reform to Ensure Student Health Act.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is authorized by the State Board, then the charter school is its own local education agency.

(Source: P.A. 103-154, eff. 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; 104-288, eff. 1-1-26; 104-391, eff. 8-15-25; 104-417, eff. 8-15-25; revised 9-12-25.)".