Illinois General Assembly - Full Text of SB0100
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Full Text of SB0100  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/24/2023, by Sen. Laura Fine


415 ILCS 5/52.11 new

    Amends the Environmental Protection Act. Defines terms. Provides that, beginning January 1, 2025, a retail establishment may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Exempts specified entities from the prohibition until one year after the amendatory Act's effective date. Effective immediately.

LRB103 24854 CPF 52149 b





SB0100LRB103 24854 CPF 52149 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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) In this Section:
9    "Disposable food service container" means service ware
10designed for one-time use. "Disposable food service container"
11includes, but is not limited to, service ware for take-out
12foods, bakery products, and leftovers from partially consumed
13meals. "Disposable food service container" does not include
14polystyrene foam coolers or ice chests that are used for the
15processing or shipping of seafood or service ware that is used
16to contain, transport, or otherwise package raw, uncooked, or
17butchered meat, poultry, fish, or seafood.
18    "Polystyrene foam" means blown polystyrene and expanded or
19extruded foams using a styrene monomer.
20    "Primarily engaged in the sale of ready-to-eat food for
21immediate consumption" means that a retail establishment
22derives at least 51% of its total sales, excluding the sale of
23liquor, from the sale of ready-to-eat food for immediate



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2    "Restaurant" means a retail establishment that is
3primarily engaged in the sale of ready-to-eat food for
4immediate consumption.
5    "Retail establishment" means a person or entity that is
6engaged in the business of making sales at retail and that
7generates occupation or use tax revenue.
8    "Service ware" means a container, bowl, plate, tray,
9carton, cup, lid, or other item designed to contain,
10transport, serve, or aid in the consumption of food or
12    (b) Beginning January 1, 2025, a retail establishment may
13not sell or distribute in this State a disposable food service
14container that is composed in whole or in part of polystyrene
16    (c) The prohibition under subsection (b) shall not apply
17to the following entities, or to the sale of polystyrene foam
18by a retail establishment to the following entities, until one
19year after the effective date of this amendatory Act of the
20103rd General Assembly:
21        (1) A food pantry.
22        (2) A soup kitchen.
23        (3) A not-for-profit corporation that provides food to
24    needy individuals at no or nominal charge.
25        (4) A federal, State, or local governmental agency
26    that provides food to needy individuals at no or nominal



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1    charge.
2        (5) A restaurant with an annual gross income under
3    $500,000 per location as stated on the restaurant's income
4    tax filing for the most recent tax year.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.