Sen. Mary Edly-Allen

Filed: 3/24/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 2212 by replacing
3everything after the enacting clause with the following:
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 provided further that the
12take-home containers, including bags, cups, and lids, are
13maintained clean, sanitary, and free from debris, smooth,
14durable, and easy-to-clean, and are not capable of causing,
15through cleanliness or design, conditions that may cause or
16spread disease provided for consumer use are cleaned, stored,



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1and dispensed in a sanitary manner.
2    A restaurant or retailer may allow a consumer to fill or
3refill a consumer-owned personal container with bulk food if
4the dispensers used prevent the direct handling of the bulk
5food. A restaurant or retailer may fill or refill a
6consumer-owned container with ready-to-eat or dry bulk foods.
7Personal containers used for this purpose shall be clean and
9    Except as provided under Part 750 of Title 77 of the
10Illinois Administrative Code, local county health departments
11and municipalities shall not prohibit (1) the ability of a
12retailer to allow a consumer to fill or refill a
13consumer-owned personal container with bulk food if the
14dispensers used prevent the direct handling of the bulk food
15or (2) the ability of a restaurant or retailer to fill or
16refill a consumer-owned container with ready-to-eat or dry
17bulk foods and the personal containers used are clean and
19    Clean consumer-owned containers provided or returned to a
20restaurant or retailer for filling or refilling may be filled
21or refilled and returned to the same consumer if the
22consumer-owned container is filled or refilled by either (i)
23an employee of the restaurant or retailer or (ii) the owner of
24the consumer-owned container.
25    A consumer-owned container that is filled or refilled
26under this Section shall be designed and constructed for reuse



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1in accordance with Section 3-304.17(B)(1) of the 2017 Food
2Code published by the U.S. Food and Drug Administration.
3Consumer-owned containers that are not food-specific may be
4filled or refilled at a beverage vending machine or system.
5    A restaurant or retailer shall:
6        (1) either isolate the consumer-owned container from
7    the serving surface or clean and sanitize the serving
8    surface after each filling or refilling, except for bulk
9    food if the dispensers used prevent the direct handling of
10    the bulk food;
11        (2) prepare, maintain, and adhere to written
12    procedures to prevent cross-contamination and make the
13    written procedures available to the local health
14    department or municipality upon request or at the time of
15    an inspection; and
16        (3) ensure compliance with any handwashing
17    requirements.
18    On or before January 1, 2024, the Department of Public
19Health shall produce materials for restaurants and retailers,
20to be made available electronically, indicating that
21consumer-owned containers are not prohibited for use under
22Illinois law and specifying best practices for food safety
23requirements for consumer-owned containers, including, but not
24limited to, sanitation practices, procedures to prevent
25cross-contamination, and handwashing requirements. The
26Department of Public Health may adopt administrative rules



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1necessary to implement, interpret, and administer the
2provisions of this Section.
3(Source: P.A. 101-510, eff. 1-1-20.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".