HB3865 103RD GENERAL ASSEMBLY

LRB103 29498 CPF 55893 b

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.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 52.11 as follows:

(415 ILCS 5/52.11 new)

Sec. 52.11. Disposable food service containers.

(a) As used in this Section:

"Disposable food service container" means serviceware designed for one-time use. "Disposable food service container" includes, but is not limited to, serviceware for takeout foods, packaged meat, eggs, bakery products, and leftovers from partially consumed meals.

"Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer.

"Serviceware" means a container, bowl, plate, tray, carton, cup, lid, or other item designed to be used for prepared foods.

"Store" means a retail establishment in the State, including, but not limited to, a convenience store, restaurant, grocery store, pharmacy, seasonal or temporary business, farm stand, or other retail seller of goods to the ultimate consumer for direct use or consumption and not for resale.

(b) 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.

(c) The prohibition under subsection (b) shall not apply to the following entities until one year after the effective date of this amendatory Act of the 103rd General Assembly:

(1) A food pantry.

(2) A soup kitchen.

(3) A not-for-profit corporation that provides food to needy individuals at no or nominal charge.

(4) A federal, State, or local government agency that provides food to needy individuals at no or nominal charge.

(5) A restaurant with an annual gross income under $500,000 per location as stated on the restaurant's income tax filing for the most recent tax year.

Section 99. Effective date. This Act takes effect upon becoming law.