Illinois General Assembly - Full Text of HB0647
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Full Text of HB0647  102nd General Assembly

HB0647 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0647

 

Introduced 2/8/2021, by Rep. Denyse Stoneback

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 620/3.15  from Ch. 56 1/2, par. 503.15

    Amends the Illinois Food, Drug and Cosmetic Act. In provisions regarding the handling of bulk food: replaces references to personal containers with references to consumer-owned containers; provides that clean consumer-owned containers provided or returned to a restaurant or retailer for filling may be filled and returned to the same consumer if the consumer-owned container is filled by either an employee of the restaurant or retailer or the owner of the consumer-owned container; requires consumer-owned containers filled to be designed and constructed for reuse in accordance with a specified provision of the 2017 Food Code; requires restaurants and retailers to meet specified requirements. Provides that consumer-owned containers that are not food-specific may be filled at a beverage vending machine or system; on or before January 1, 2022, requires the Department of Public Health to produce materials for restaurants and retailers indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for such containers. Effective immediately.


LRB102 05131 CPF 15152 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0647LRB102 05131 CPF 15152 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 3.15 as follows:
 
6    (410 ILCS 620/3.15)  (from Ch. 56 1/2, par. 503.15)
7    Sec. 3.15. To offer for sale any bulk food in a manner
8other than to prevent direct handling of such items by the
9consumer. This Section shall not prohibit self-service by
10consumers provided that the dispensers utilized prevent the
11direct handling of such foods and that take-home containers,
12including bags, cups, and lids, provided for consumer use are
13cleaned, stored, and dispensed in a sanitary manner.
14    A restaurant or retailer may allow a consumer to fill or
15refill a consumer-owned personal container with bulk food if
16the dispensers used prevent the direct handling of the bulk
17food. Consumer-owned Personal containers used for this purpose
18shall be clean and sanitary.
19    Except as provided under Part 750 of Title 77 of the
20Illinois Administrative Code, county health departments and
21municipalities shall not prohibit the ability of a retailer to
22allow a consumer to fill or refill a consumer-owned personal
23container with bulk food if the dispensers used prevent the

 

 

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1direct handling of the bulk food and the consumer-owned
2personal containers used are clean and sanitary.
3    Clean consumer-owned containers provided or returned to
4the restaurant or retailer for filling may be filled and
5returned to the same consumer if the consumer-owned container
6is filled by either an employee of the restaurant or retailer
7or the owner of the consumer-owned container. A consumer-owned
8container filled under this Section shall be designed and
9constructed for reuse in accordance with Section
103-304.17(B)(1) of the 2017 Food Code published by the U.S.
11Food and Drug Administration.
12    The restaurant or retailer shall:
13        (1) either isolate the consumer-owned container from
14    the serving surface or sanitize the serving surface after
15    each filling, except for bulk food if the dispensers used
16    prevent the direct handling of the bulk food;
17        (2) prepare, maintain, and adhere to written
18    procedures to prevent cross-contamination and make the
19    written procedures available to the Department of Public
20    Health upon request or at the time of an inspection; and
21        (3) ensure compliance with any handwashing
22    requirements.
23    Consumer-owned containers that are not food-specific may
24be filled at a beverage vending machine or system.
25    On or before January 1, 2022, the Department of Public
26Health shall produce materials for restaurants and retailers,

 

 

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1to be made available electronically or in print format,
2indicating that consumer-owned containers are not prohibited
3for use under Illinois law and specifying best practices for
4food safety requirements for such containers.
5(Source: P.A. 101-510, eff. 1-1-20.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.