Illinois General Assembly - Full Text of HB3490
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Full Text of HB3490  102nd General Assembly




HB3490 EnrolledLRB102 11653 CPF 21530 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by changing Section 21.5 as follows:
6    (410 ILCS 620/21.5)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 21.5. Default beverage for children's meals.
10    (a) In this Section:
11    "Children's meal" means a combination of food items sold
12for a single price intended for consumption by children.
13    "Default beverage" means a beverage automatically included
14as part of a children's meal absent a specific request by the
15purchaser of the children's meal for an alternative beverage.
16    "Restaurant" has the same meaning provided in Section 21.4
17of this Act.
18    (b) Notwithstanding any other provision of law, a
19restaurant shall, by default, include one of the following
20default beverages with a children's meal sold by the
22        (1) water with no added natural or artificial
23    sweeteners;



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1        (2) sparkling water with no added natural or
2    artificial sweeteners;
3        (3) flavored water with no added natural or artificial
4    sweeteners;
5        (4) nonfat or 1% dairy milk containing no more than
6    130 calories per container or serving as offered for sale
7    with no added natural or artificial sweeteners;
8        (5) nondairy milk alternatives:
9            (A) with no added natural or artificial
10        sweeteners;
11            (B) containing no more than 130 calories per
12        container or serving as offered for sale; and
13            (C) meeting the standards for the National School
14        Lunch Program as set forth in 7 CFR 210.10; or
15        (6) 100% fruit or vegetable juice or juice combined
16    with water or carbonated water, with no added sweeteners,
17    in a serving size of no more than 8 ounces.
18    (c) A restaurant may include a beverage with a children's
19meal that is not listed under subsection (b) upon request.
20    (d) A beverage listed or displayed on a restaurant menu or
21in-store advertisement for a children's meal shall be one of
22the default beverages listed in subsection (b).
23    (e) During any inspection of a restaurant by a health
24officer or health inspector of a local health department, the
25health officer or health inspector shall inspect the
26restaurant to determine whether it complies with this Section.



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1    (f) A restaurant that violates this Section is subject to:
2        (1) a warning for a first offense;
3        (2) a civil penalty of $25 for a second offense; and
4        (3) a civil penalty of $100 for a third or subsequent
5    offense.
6    An executive officer of a certified A local public health
7department director, or his or her designee, may charge and
8collect the civil penalties under this subsection.
9    (g) The Department of Public Health may adopt any rules it
10deems necessary for the implementation, administration, and
11enforcement of this Section.
12(Source: P.A. 102-529, eff. 1-1-22.)
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.