Full Text of HB5303 102nd General Assembly
HB5303 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/31/2022, by Rep. Cyril Nichols
SYNOPSIS AS INTRODUCED:
Creates the Edible Food Recovery Act. Provides that a commercial
edible food generator shall arrange to recover the maximum amount of
edible food that would otherwise be disposed. Provides that a commercial
edible food generator shall comply with the requirements through a
contract or written agreement with a food recovery organization or
services. Provides for recordkeeping requirements for commercial edible
food generators and food recovery services and organizations. Provides
that the Department of Agriculture may adopt rules to implement the Act.
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Food Recovery Act.
As used in this Act:
"Commercial edible food generator" means a supermarket,
grocery store with a total facility size equal to or greater
than 10,000 square feet, a food service provider, a food
distributor, or a wholesale food vendor.
"Department" means the Department of Agriculture.
"Edible food" means food intended for human consumption.
"Food distributor" means a company that distributes food
to entities including, but not limited to, supermarkets and
"Food recovery organization" means an entity that engages
in the collection or receipt of edible food from commercial
edible food generators and distributes that edible food to the
public for food recovery either directly or through other
entities including, but not limited to, a food bank a
nonprofit charitable organization, and a nonprofit charitable
temporary food facility.
"Food recovery service" means a person or entity that
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collects and transports edible food from a commercial edible
food generator to a food recovery organization or other
entities for food recovery.
"Food service provider" means an entity primarily engaged
in providing food services to institutional, governmental,
commercial, or industrial locations of others based on
contractual arrangements with these types of organizations.
"Wholesale food vendor" means a business or establishment
engaged in the merchant wholesale distribution of food, where
food, including fruits and vegetables, is received, shipped,
stored, prepared for distribution to a retailer, warehouse,
distributor, or other destination.
Commercial edible food generators.
(a) Commercial edible food generators shall arrange to
recover the maximum amount of edible food that would otherwise
be disposed of. A commercial edible food generator shall
comply with the requirements of this Section through a
contract or written agreement with any or all of the
(1) food recovery organizations or services that will
collect their edible food for food recovery; or
(2) food recovery organizations that will accept the
edible food that the commercial edible food generator
self-hauls to the food recovery organization for food
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(b) A commercial edible food generator shall comply with
the requirements of this Section unless the commercial edible
food generator demonstrates the existence of extraordinary
circumstances beyond its control that make such compliance
(c) An edible food generator shall not intentionally spoil
edible food that is capable of being recovered by a food
recovery organization or service.
(d) Commercial edible food generators shall comply with
the requirements of this Section commencing January 1, 2023.
Recordkeeping requirements for commercial
edible food generators.
A commercial edible food generator
subject to the requirements in this Act shall keep a record
that includes the following:
(1) a list of each food recovery service or
organization that collects or receives its edible food
pursuant to a contract or written agreement;
(2) a copy of contracts or written agreements between
the commercial edible food generator and a food recovery
service or organization; and
(3) a record of the following for each food recovery
organization or service that the commercial edible food
generator has a contract or written agreement, including:
(A) the name, address and contact information of
the food recovery service or organization;
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(B) the types of food that will be collected by or
self-hauled to the food recovery service or
(C) the established frequency that food will be
collected or self-hauled; and
(D) the quantity of food collected or self-hauled
to a service or organization for food recovery. The
quantity shall be measured in pounds recovered per
Recordkeeping requirements for food recovery
services and organizations.
A food recovery organization or
service that has established a contract or written agreement
to collect or receive edible food directly from commercial
edible food generators shall maintain a record of:
(1) the name, address and contact information for each
commercial edible food generator that the service collects
edible food from;
(2) the quantity in pounds of edible food collected
from each commercial edible food generator per month;
(3) the quantity in pounds of edible food transported
to each food recovery organization per month; and
(4) the name, address and contact information for each
food recovery organization that the service transports
edible food to for food recovery.
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The Department may adopt rules to
implement this Act.
This Act takes effect upon