103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3865

 

Introduced 2/17/2023, by Rep. Kevin John Olickal

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/52.11 new

    Amends the Environmental Protection Act. Provides that, beginning January 1, 2024, a store may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Provides that the prohibition regarding polystyrene foam food service containers shall not apply to specified entities until one year after the amendatory Act's effective date. Effective immediately.


LRB103 29498 CPF 55893 b

 

 

A BILL FOR

 

HB3865LRB103 29498 CPF 55893 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 52.11 as follows:
 
6    (415 ILCS 5/52.11 new)
7    Sec. 52.11. Disposable food service containers.
8    (a) As used in this Section:
9    "Disposable food service container" means serviceware
10designed for one-time use. "Disposable food service container"
11includes, but is not limited to, serviceware for takeout
12foods, packaged meat, eggs, bakery products, and leftovers
13from partially consumed meals.
14    "Polystyrene foam" means blown polystyrene and expanded or
15extruded foams using a styrene monomer.
16    "Serviceware" means a container, bowl, plate, tray,
17carton, cup, lid, or other item designed to be used for
18prepared foods.
19    "Store" means a retail establishment in the State,
20including, but not limited to, a convenience store,
21restaurant, grocery store, pharmacy, seasonal or temporary
22business, farm stand, or other retail seller of goods to the
23ultimate consumer for direct use or consumption and not for

 

 

HB3865- 2 -LRB103 29498 CPF 55893 b

1resale.
2    (b) Beginning January 1, 2024, a store may not sell or
3distribute in this State a disposable food service container
4that is composed in whole or in part of polystyrene foam.
5    (c) The prohibition under subsection (b) shall not apply
6to the following entities until one year after the effective
7date of this amendatory Act of the 103rd General Assembly:
8        (1) A food pantry.
9        (2) A soup kitchen.
10        (3) A not-for-profit corporation that provides food to
11    needy individuals at no or nominal charge.
12        (4) A federal, State, or local government agency that
13    provides food to needy individuals at no or nominal
14    charge.
15        (5) A restaurant with an annual gross income under
16    $500,000 per location as stated on the restaurant's income
17    tax filing for the most recent tax year.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.