Illinois General Assembly - Full Text of HB4615
Illinois General Assembly

Previous General Assemblies

Full Text of HB4615  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/21/2022, by Rep. Jonathan Carroll


New Act
30 ILCS 105/5.970 new
30 ILCS 500/45-23 new
410 ILCS 620/16.10 new
415 ILCS 5/21.8 new

    Creates the Carryout Bag Fee Act. Provides that a carryout bag fee of $0.10 is imposed on each carryout bag used by a customer at retail establishments with specified amounts allocated to specified entities and State funds. Repeals the new Act on January 1, 2026. Contains other provisions. Amends the State Finance Act making conforming changes. Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not ban, place a fee or tax on, or regulate in any other manner the use, disposition, content, taxation, or sale of carryout bags. Amends the Illinois Procurement Code. Prohibits the procurement and use of single-use plastic disposable foodware at State parks, natural areas, colleges and universities, and the Illinois State Fair. Amends the Environmental Protection Act. Provides that on and after January 1, 2023, no restaurant or retail establishment may distribute a plastic carryout bag. Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full service restaurant or quick service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer. Contains other requirements and provides civil penalties for any violations.

LRB102 24446 CPF 33680 b





HB4615LRB102 24446 CPF 33680 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 1. Short title. This Act may be cited as the
5Carryout Bag Fee Act.
6    Section 5. Definition. As used in this Act, "carryout bag"
7has the meaning given to that term in subsection (a) of Section
85-1184 of the Counties Code.
9    Section 10. Carryout Bag Fee Fund.
10    (a) The Carryout Bag Fee Fund is created as a new fund in
11the State treasury. Moneys in the Fund shall be used as
12provided in this Act.
13    (b) Notwithstanding any other provision of law, the
14Carryout Bag Fee Fund is not subject to sweeps, administrative
15charges or chargebacks, or any other fiscal or budgetary
16maneuver that would in any way transfer any funds from the
17Carryout Bag Fee Fund into any other fund of the State.
18    Section 15. Payment of carryout bag fee required. A
19carryout bag fee of $0.10 is imposed on each carryout bag used
20by a customer at retail establishments located within Illinois
21that shall be paid by the customer. The ultimate incidence and



HB4615- 2 -LRB102 24446 CPF 33680 b

1liability for payment of the fee is to be borne by the
2customer. The fee shall be separately stated on the receipt
3provided to the customer at the time of sale and shall be
4identified as the Carryout Bag Fee. It is a violation of this
5Section for the store to fail to separately itemize the fee on
6a customer's purchase of such a bag, or to otherwise absorb the
7fee on such sale. The retail establishment shall retain $0.03
8of the fee. The retail establishment shall remit the remaining
9$0.07 of the fee to the Department of Revenue on form ST-1. The
10Department shall deposit $0.04 into the Carryout Bag Fee Fund,
11$0.01 to the Prairie Research Institute of the University of
12Illinois, $0.01 into the Solid Waste Management Fund, and
13$0.01 into Partners for Conservation Fund. The Department of
14Revenue shall monthly remit the $0.03 of the fee from the
15Carryout Bag Fee Fund to the county where the retail
16establishment is located, except that if a municipal joint
17action agency is located within the county where the retail
18establishment is located, the Department of Revenue shall
19monthly remit to the municipal joint action agency a portion
20of the fee to the municipal joint action agency based on the
21location of retail establishments within the municipal joint
22action agency.
23    Section 20. Use of the carryout bag fee by counties and
24municipal joint action agencies. The county or municipal joint
25action agency shall use the revenue received from the carryout



HB4615- 3 -LRB102 24446 CPF 33680 b

1bag fee to fund:
2        (1) household hazardous waste collection one-day
3    events;
4        (2) collection centers, as defined in Section 3 of the
5    Household Hazardous Waste Collection Program Act;
6        (3) education programs to reduce contamination and
7    increase participation in recycling and composting
8    programs;
9        (4) programs to increase the collection and recycling
10    or composting of auxiliary containers;
11        (5) grants to encourage market development or
12    infrastructure development for reuse, recycling, and
13    composting; and
14        (6) the implementation of solid waste management plans
15    developed pursuant to the Solid Waste Planning and
16    Recycling Act.
17    At least 25% of the revenue received from the carryout bag
18fee shall be used as specified in items (1) and (2).
19    Section 25. Exemption. The carryout bag fee does not apply
20to the retail sale or use of carryout bags that are used to
21carry items purchased pursuant to the Supplemental Nutrition
22Assistance Program or a similar governmental food assistance
24    Section 30. Incorporation by reference. All of the



HB4615- 4 -LRB102 24446 CPF 33680 b

1provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 6,
26a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'
3Occupation Tax Act that are not inconsistent with this Act,
4and all provisions of the Uniform Penalty and Interest Act
5shall apply, as far as practicable, to the subject matter of
6this Act to the same extent as if such provisions were included
7in this Act.
8    Section 900. The State Finance Act is amended by adding
9Sections 5.970 as follows:
10    (30 ILCS 105/5.970 new)
11    Sec. 5.970. The Carryout Bag Fee Fund.
12    Section 905. The Illinois Procurement Code is amended by
13adding Section 45-23 as follows:
14    (30 ILCS 500/45-23 new)
15    Sec. 45-23. Single-use plastics prohibition; preference.
16    (a) For the purposes of this Section:
17    "Compostable" means that the item meets the ASTM D6400
18standard of compostability and has been certified by the
19Biodegradable Products Institute as compostable.
20    "Compostable foodware" means containers, bowls, straws,
21plates, trays, cartons, cups, lids, forks, spoons, knives, and
22other items that are designed for one-time use for beverages,



HB4615- 5 -LRB102 24446 CPF 33680 b

1prepared food, or leftovers from meals that are compostable.
2    "Plastic" means a synthetic material made from linking
3monomers through a chemical reaction to create an organic
4polymer chain that can be molded or extruded at high heat into
5various solid forms retaining their defined shapes during
6their life cycle and after disposal.
7    "Recyclable foodware" means items that are designed for
8one-time use for beverages, prepared food, or leftovers from
9meals that are commonly accepted in local curbside residential
10recycling pick up.
11    "Single-use plastic disposable foodware" means containers,
12bowls, straws, plates, trays, cartons, cups, lids, forks,
13spoons, knives, and other items that are designed for one-time
14use for beverages, prepared food, or leftovers from meals that
15are made of plastic, are not compostable, and are not accepted
16in residential curbside recycling pick up.
17    (b) When a State contract is to be awarded to the lowest
18responsible bidder, an otherwise qualified bidder who will
19fulfill the contract through the use of compostable foodware
20or recyclable foodware may be given preference over other
21bidders unable to do so; provided that the bid is not more than
225% greater than the cost of products that are single-use
23plastic disposable foodware.
24    (c) After January 1, 2023, State agencies and departments
25may not procure single-use plastic disposable foodware for use
26at any State parks, natural areas, colleges or universities,



HB4615- 6 -LRB102 24446 CPF 33680 b

1or for use at the Illinois State Fair, and instead shall offer
2only compostable foodware or recyclable foodware.
3    (d) After January 1, 2024, or at the renewal of its next
4contract, no vendor contracted through a State agency or
5department may provide customers with single-use plastic
6disposable foodware at any site located at a State park, a
7natural area, a college or university, or at the Illinois
8State Fair, and instead shall offer only compostable foodware
9or recyclable foodware.
10    Section 910. The Illinois Food, Drug and Cosmetic Act is
11amended by adding Section 16.10 as follows:
12    (410 ILCS 620/16.10 new)
13    Sec. 16.10. Single-use plastic disposable foodware.
14    (a) In this Section:
15    "Compostable material" means products or materials that
16will completely break down into organic matter within 180 days
17and the microorganisms present in compost will consume the
18material at the same rate they would natural materials.
19    "Department" means the Department of Public Health.
20    "Dine-in" means food and beverages that are intended to be
21consumed on the premises of a full service restaurant or quick
22service restaurant.
23    "Disposable cup" means a beverage cup designed for a
24single use to serve beverages, including, but not limited to,



HB4615- 7 -LRB102 24446 CPF 33680 b

1water, cold drinks, hot drinks, and alcoholic beverages.
2    "Disposable foodware" means containers, bowls, plates,
3trays, cartons, cups, lids, forks, spoons, knives, napkins,
4and other items that are designed for one-time use for
5beverages, prepared food, or leftovers from meals prepared by
6a food dispensing establishment. "Disposable foodware" does
7not include items composed entirely of aluminum.
8    "Expanded polystyrene" means blown polystyrene and
9expanded and extruded foams that are thermoplastic
10petrochemical materials utilizing a styrene monomer and
11processed by multiple techniques, including, but not limited
12to, fusion of polymer spheres, expanded bead polystyrene,
13injection molding, foam molding, extrusion-blow molding, and
14extruded foam polystyrene.
15    "Expanded polystyrene food service products" means food
16containers, plates, hot and cold beverage cups, meat and
17vegetable trays, egg cartons, and other products made of
18expanded polystyrene and used for selling or providing food.
19    "Full service restaurant" means a food dispensing
20establishment with the primary business purpose of serving
21food, where food may be consumed on the premises and where all
22of the following actions are taken by an employee of the
24        (1) A consumer is escorted or assigned to an assigned
25    eating area. The employee may choose the assigned eating
26    area or may seat the consumer according to the consumer's



HB4615- 8 -LRB102 24446 CPF 33680 b

1    need for accommodation or other request.
2        (2) A consumer's food and beverage orders are taken
3    after the consumer has been seated at the assigned seating
4    area.
5        (3) Food and beverage orders are delivered directly to
6    the consumer.
7        (4) Any requested items associated with a consumer's
8    food or beverage order are brought to the consumer.
9        (5) The check is delivered directly to the consumer at
10    the assigned eating area.
11    "Prepared food" means foods or beverages that are prepared
12and served by a food dispensing establishment on the licensed
13premises by cooking, chopping, slicing, mixing, freezing,
14squeezing, or other processing and which require no further
15preparation for human consumption. "Prepared food" does not
16include raw, uncooked whole fruits or vegetables that are not
17chopped, squeezed, or mixed, or raw uncooked meat products.
18    "Quick service restaurant" means a food dispensing
19establishment that has minimal table service and makes food
20available upon order and pickup from a vehicle.
21    "Reusable foodware" means foodware, including, but not
22limited to, plates, bowls, cups, trays, glasses, stirrers,
23condiment cups, and utensils, that is:
24        (1) manufactured from durable materials;
25        (2) specifically designed and manufactured to be
26    washed, sanitized, and used repeatedly over an extended



HB4615- 9 -LRB102 24446 CPF 33680 b

1    period of time; and
2        (3) safe for washing and sanitizing according to
3    applicable regulations.
4    "Single-use plastic disposable foodware" means any
5disposable foodware item, including, but not limited to:
6stirrers, napkins, and utensils; condiment cups and packets;
7cup sleeves, tops, lids, and spill plugs; and other similar
8accessory or accompanying disposable foodware items used as
9part of food or beverage service or packaging.
10    "Takeout food" means prepared food that is purchased to be
11consumed off the licensed premises of a food dispensing
12establishment. "Takeout food" includes, but is not limited to,
13prepared food carried out by a customer or delivered by a food
14dispensing establishment or a takeout food delivery service.
15    "Takeout food delivery service" means a third-party
16delivery service that picks up takeout food from a food
17dispensing establishment and delivers it to a customer for
18consumption off of the licensed premises.
19    (b) A full service restaurant or quick service restaurant
20shall not provide single-use plastic disposable foodware items
21to a consumer ordering or purchasing dine-in food unless
22requested by the consumer. Plastic drinking straws must be
23provided when specifically requested.
24    (c) Single-use plastic disposable foodware items provided
25when requested by customers may not be packaged in plastic.
26    (d) A food dispensing establishment or takeout food



HB4615- 10 -LRB102 24446 CPF 33680 b

1delivery service must provide options for a customer to
2affirmatively request accessory disposable foodware items
3separate from the customer's order for a food or beverage
4across all ordering or point of sale platforms, including, but
5not limited to, the Internet, a smartphone application, other
6digital platforms, by telephone, and in person.
7    (e) A full service restaurant or quick service restaurant
8offering condiments may use dispensers rather than prepackaged
9disposable condiment packets.
10    (f) A full service restaurant or quick service restaurant
11must post a sign indicating that single-use plastic disposable
12foodware will be made available to the customer upon request
13or at a self serve station.
14    (g) Nothing in this Section prohibits a full service
15restaurant or quick service restaurant from making single-use
16plastic straws available to customers ordering or purchasing
17dine-in food by making available cylinders, dispensers,
18containers, or any other means of allowing for single-use
19plastic straws to be obtained at the affirmative volition of
20the customer if a sign is posted encouraging the customer to
21reduce the use of single-use plastics.
22    (h) The first violation of this Section shall result in a
23notice of violation, and any subsequent violation shall be
24punishable by a civil penalty of $25 for each day a full
25service restaurant or quick service restaurant is in violation
26of this Section. All civil penalties collected under this



HB4615- 11 -LRB102 24446 CPF 33680 b

1Section shall be paid to the Department.
2    Section 915. The Environmental Protection Act is amended
3by adding Section 21.8 as follows:
4    (415 ILCS 5/21.8 new)
5    Sec. 21.8. Plastic bag ban.
6    (a) In this Section:
7    "Plastic carryout bag" means any plastic bag provided by a
8restaurant or retail establishment to a customer for the
9purpose of carrying goods out of the restaurant or retail
10establishment. "Plastic carryout bag" does not include the
12        (1) Bags that are ordinarily intended and designed for
13    use by customers inside a restaurant or retail
14    establishment to:
15            (A) package loose bulk items, such as fruit,
16        vegetables, nuts, grains, candy, cookies, or small
17        hardware items;
18            (B) contain or wrap frozen foods, meat, or fish,
19        whether prepackaged or not;
20            (C) contain or wrap flowers, potted plants, or
21        other damp items;
22            (D) segregate food or merchandise that could
23        damage or contaminate other food or merchandise when
24        placed together in a bag; or



HB4615- 12 -LRB102 24446 CPF 33680 b

1            (E) contain unwrapped prepared foods or bakery
2        goods.
3        (2) Newspaper bags.
4        (3) Dry cleaning or garment bags.
5        (4) Bags provided by a pharmacist to contain
6    prescription drugs.
7        (5) Bags sold in packages containing multiple bags
8    intended for use as garbage bags, pet waste bags, or yard
9    waste bags.
10        (6) Bags provided by a dine-in or takeout restaurant
11    to contain food or drink purchased by the restaurant's
12    customers.
13        (7) Bags of any type that customers bring to a
14    restaurant or retail establishment for their own use or to
15    carry away from the restaurant or retail establishment
16    goods that are not placed in a bag provided by the
17    restaurant or retail establishment.
18        (8) Plastic liners that are permanently affixed, or
19    designed and intended to be permanently affixed, to the
20    inside of a particular bag.
21        (9) Bags with a retail price of at least 50 cents each.
22    "Restaurant" means any business having sales of
23ready-to-eat food for immediate consumption comprising at
24least 51% of total sales, excluding the sale of liquor.
25    "Retail establishment" means any person, corporation,
26partnership, business venture, public sports or entertainment



HB4615- 13 -LRB102 24446 CPF 33680 b

1facility, government agency, or organization that sells or
2provides merchandise, goods, or materials, including, but not
3limited to, clothing, food, beverages, household goods, or
4personal items of any kind, directly to a customer. "Retail
5establishment" includes, but is not limited to, department
6stores, clothing stores, jewelry stores, grocery stores,
7pharmacies, home improvement stores, liquor stores,
8convenience stores, gas stations, and farmers' markets.
9"Retail establishment" does not include food banks and other
10food assistance programs, mobile food delivery services, or
12    (b) On and after January 1, 2023, no restaurant or retail
13establishment may distribute a plastic carryout bag.