Illinois General Assembly - Full Text of HB3490
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Full Text of HB3490  102nd General Assembly


Sen. Mattie Hunter

Filed: 10/27/2021





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2    AMENDMENT NO. ______. Amend House Bill 3490, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Food, Drug and Cosmetic Act is
6amended by changing Section 21.5 as follows:
7    (410 ILCS 620/21.5)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 21.5. Default beverage for children's meals.
11    (a) In this Section:
12    "Children's meal" means a combination of food items sold
13for a single price intended for consumption by children.
14    "Default beverage" means a beverage automatically included
15as part of a children's meal absent a specific request by the
16purchaser of the children's meal for an alternative beverage.



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1    "Restaurant" has the same meaning provided in Section 21.4
2of this Act.
3    (b) Notwithstanding any other provision of law, a
4restaurant shall, by default, include one of the following
5default beverages with a children's meal sold by the
7        (1) water with no added natural or artificial
8    sweeteners;
9        (2) sparkling water with no added natural or
10    artificial sweeteners;
11        (3) flavored water with no added natural or artificial
12    sweeteners;
13        (4) nonfat or 1% dairy milk containing no more than
14    130 calories per container or serving as offered for sale
15    with no added natural or artificial sweeteners;
16        (5) nondairy milk alternatives:
17            (A) with no added natural or artificial
18        sweeteners;
19            (B) containing no more than 130 calories per
20        container or serving as offered for sale; and
21            (C) meeting the standards for the National School
22        Lunch Program as set forth in 7 CFR 210.10; or
23        (6) 100% fruit or vegetable juice or juice combined
24    with water or carbonated water, with no added sweeteners,
25    in a serving size of no more than 8 ounces.
26    (c) A restaurant may include a beverage with a children's



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1meal that is not listed under subsection (b) upon request.
2    (d) A beverage listed or displayed on a restaurant menu or
3in-store advertisement for a children's meal shall be one of
4the default beverages listed in subsection (b).
5    (e) During any inspection of a restaurant by a health
6officer or health inspector of a local health department, the
7health officer or health inspector shall inspect the
8restaurant to determine whether it complies with this Section.
9    (f) A restaurant that violates this Section is subject to:
10        (1) a warning for a first offense;
11        (2) a civil penalty of $25 for a second offense; and
12        (3) a civil penalty of $100 for a third or subsequent
13    offense.
14    An executive officer of a certified A local public health
15department director, or his or her designee, may charge and
16collect the civil penalties under this subsection.
17    (g) The Department of Public Health may adopt any rules it
18deems necessary for the implementation, administration, and
19enforcement of this Section.
20(Source: P.A. 102-529, eff. 1-1-22.)
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes



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1made by this Act or (ii) provisions derived from any other
2Public Act.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".