Illinois General Assembly - Full Text of HB5303
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Full Text of HB5303  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Cyril Nichols


New Act

    Creates the Edible Food Recovery Act. Provides that a commercial edible food generator shall arrange to recover the maximum amount of edible food that would otherwise be disposed. Provides that a commercial edible food generator shall comply with the requirements through a contract or written agreement with a food recovery organization or services. Provides for recordkeeping requirements for commercial edible food generators and food recovery services and organizations. Provides that the Department of Agriculture may adopt rules to implement the Act. Effective immediately.

LRB102 23516 SPS 32697 b





HB5303LRB102 23516 SPS 32697 b

1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Edible
5Food Recovery Act.
6    Section 5. Definitions. As used in this Act:
7    "Commercial edible food generator" means a supermarket,
8grocery store with a total facility size equal to or greater
9than 10,000 square feet, a food service provider, a food
10distributor, or a wholesale food vendor.
11    "Department" means the Department of Agriculture.
12    "Edible food" means food intended for human consumption.
13    "Food distributor" means a company that distributes food
14to entities including, but not limited to, supermarkets and
15grocery stores.
16    "Food recovery organization" means an entity that engages
17in the collection or receipt of edible food from commercial
18edible food generators and distributes that edible food to the
19public for food recovery either directly or through other
20entities including, but not limited to, a food bank a
21nonprofit charitable organization, and a nonprofit charitable
22temporary food facility.
23    "Food recovery service" means a person or entity that



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1collects and transports edible food from a commercial edible
2food generator to a food recovery organization or other
3entities for food recovery.
4    "Food service provider" means an entity primarily engaged
5in providing food services to institutional, governmental,
6commercial, or industrial locations of others based on
7contractual arrangements with these types of organizations.
8    "Wholesale food vendor" means a business or establishment
9engaged in the merchant wholesale distribution of food, where
10food, including fruits and vegetables, is received, shipped,
11stored, prepared for distribution to a retailer, warehouse,
12distributor, or other destination.
13    Section 10. Commercial edible food generators.
14    (a) Commercial edible food generators shall arrange to
15recover the maximum amount of edible food that would otherwise
16be disposed of. A commercial edible food generator shall
17comply with the requirements of this Section through a
18contract or written agreement with any or all of the
20        (1) food recovery organizations or services that will
21    collect their edible food for food recovery; or
22        (2) food recovery organizations that will accept the
23    edible food that the commercial edible food generator
24    self-hauls to the food recovery organization for food
25    recovery.



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1    (b) A commercial edible food generator shall comply with
2the requirements of this Section unless the commercial edible
3food generator demonstrates the existence of extraordinary
4circumstances beyond its control that make such compliance
6    (c) An edible food generator shall not intentionally spoil
7edible food that is capable of being recovered by a food
8recovery organization or service.
9    (d) Commercial edible food generators shall comply with
10the requirements of this Section commencing January 1, 2023.
11    Section 15. Recordkeeping requirements for commercial
12edible food generators. A commercial edible food generator
13subject to the requirements in this Act shall keep a record
14that includes the following:
15        (1) a list of each food recovery service or
16    organization that collects or receives its edible food
17    pursuant to a contract or written agreement;
18        (2) a copy of contracts or written agreements between
19    the commercial edible food generator and a food recovery
20    service or organization; and
21        (3) a record of the following for each food recovery
22    organization or service that the commercial edible food
23    generator has a contract or written agreement, including:
24            (A) the name, address and contact information of
25        the food recovery service or organization;



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1            (B) the types of food that will be collected by or
2        self-hauled to the food recovery service or
3        organization;
4            (C) the established frequency that food will be
5        collected or self-hauled; and
6            (D) the quantity of food collected or self-hauled
7        to a service or organization for food recovery. The
8        quantity shall be measured in pounds recovered per
9        month.
10    Section 20. Recordkeeping requirements for food recovery
11services and organizations. A food recovery organization or
12service that has established a contract or written agreement
13to collect or receive edible food directly from commercial
14edible food generators shall maintain a record of:
15        (1) the name, address and contact information for each
16    commercial edible food generator that the service collects
17    edible food from;
18        (2) the quantity in pounds of edible food collected
19    from each commercial edible food generator per month;
20        (3) the quantity in pounds of edible food transported
21    to each food recovery organization per month; and
22        (4) the name, address and contact information for each
23    food recovery organization that the service transports
24    edible food to for food recovery.



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1    Section 25. Rules. The Department may adopt rules to
2implement this Act.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.