Rep. Jennifer Gong-Gershowitz

Filed: 2/2/2022





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2    AMENDMENT NO. ______. Amend House Bill 3067 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Environmental Protection Act is amended by
5adding Section 52.11 as follows:
6    (415 ILCS 5/52.11 new)
7    Sec. 52.11. Disposable food service containers.
8    (a) As used in this Section:
9    "Disposable food service container" means serviceware
10designed for one-time use. "Disposable food service container"
11includes, but is not limited to, serviceware for takeout
12foods, packaged meat, eggs, bakery products, and leftovers
13from partially consumed meals.
14    "Polystyrene foam" means blown polystyrene and expanded or
15extruded foams using a styrene monomer.
16    "Serviceware" means a container, bowl, plate, tray,



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1carton, cup, lid, or other item designed to be used for
2prepared foods.
3    "Store" means a retail establishment in the State,
4including, but not limited to, a convenience store,
5restaurant, grocery store, pharmacy, seasonal or temporary
6business, farm stand, or other retail seller of goods to the
7ultimate consumer for direct use or consumption and not for
9    (b) Beginning January 1, 2023, a store may not sell or
10distribute in this State a disposable food service container
11that is composed in whole or in part of polystyrene foam.
12    (c) The prohibition under subsection (b) shall not apply
13to the following entities until one year after the effective
14date of this amendatory Act of the 102nd General Assembly:
15        (1) A food pantry.
16        (2) A soup kitchen.
17        (3) A not-for-profit corporation that provides food to
18    needy individuals at no or nominal charge.
19        (4) A federal, State, or local government agency that
20    provides food to needy individuals at no or nominal
21    charge.
22        (5) A restaurant with an annual gross income under
23    $500,000 per location as stated on the restaurant's income
24    tax filing for the most recent tax year.
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".