Illinois 2023-2024 Regular Session

Illinois House Bill HB2086 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0524
2	1		HB2086 EnrolledLRB103 25568 CPF 51917 b HB2086 Enrolled LRB103 25568 CPF 51917 b
3	2		HB2086 Enrolled LRB103 25568 CPF 51917 b
4		-	AN ACT concerning health.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Food, Drug and Cosmetic Act is
8		-	amended by changing Section 3.15 as follows:
9		-	(410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)
10		-	Sec. 3.15. To offer for sale any bulk food in a manner
11		-	other than to prevent direct handling of such items by the
12		-	consumer. This Section shall not prohibit self-service by
13		-	consumers provided that the dispensers utilized prevent the
14		-	direct handling of such foods and provided further that the
15		-	take-home containers, including bags, cups, and lids, are
16		-	maintained clean, sanitary, and free from debris, smooth,
17		-	durable, and easy-to-clean, and are not capable of causing,
18		-	through cleanliness or design, conditions that may cause or
19		-	spread disease provided for consumer use are cleaned, stored,
20		-	and dispensed in a sanitary manner.
21		-	A restaurant or retailer may allow a consumer to fill or
22		-	refill a consumer-owned personal container with bulk food if
23		-	the dispensers used prevent the direct handling of the bulk
24		-	food. A restaurant or retailer may fill or refill a
25		-	consumer-owned container with ready-to-eat or dry bulk foods.
26		-	Personal containers used for this purpose shall be clean and
	3	+	1 AN ACT concerning health.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Food, Drug and Cosmetic Act is
	7	+	5 amended by changing Section 3.15 as follows:
	8	+	6 (410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)
	9	+	7 Sec. 3.15. To offer for sale any bulk food in a manner
	10	+	8 other than to prevent direct handling of such items by the
	11	+	9 consumer. This Section shall not prohibit self-service by
	12	+	10 consumers provided that the dispensers utilized prevent the
	13	+	11 direct handling of such foods and provided further that the
	14	+	12 take-home containers, including bags, cups, and lids, are
	15	+	13 maintained clean, sanitary, and free from debris, smooth,
	16	+	14 durable, and easy-to-clean, and are not capable of causing,
	17	+	15 through cleanliness or design, conditions that may cause or
	18	+	16 spread disease provided for consumer use are cleaned, stored,
	19	+	17 and dispensed in a sanitary manner.
	20	+	18 A restaurant or retailer may allow a consumer to fill or
	21	+	19 refill a consumer-owned personal container with bulk food if
	22	+	20 the dispensers used prevent the direct handling of the bulk
	23	+	21 food. A restaurant or retailer may fill or refill a
	24	+	22 consumer-owned container with ready-to-eat or dry bulk foods.
	25	+	23 Personal containers used for this purpose shall be clean and
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33		-	sanitary.
34		-	Except as provided under Part 750 of Title 77 of the
35		-	Illinois Administrative Code, county health departments and
36		-	municipalities may regulate but shall not prohibit (1) the
37		-	ability of a retailer to allow a consumer to fill or refill a
38		-	consumer-owned personal container with bulk food if the
39		-	dispensers used prevent the direct handling of the bulk food
40		-	or (2) the ability of a restaurant or retailer to fill or
41		-	refill a consumer-owned container with ready-to-eat or dry
42		-	bulk foods and the personal containers used are clean and
43		-	sanitary.
44		-	Clean consumer-owned containers provided or returned to a
45		-	restaurant or retailer for filling or refilling may be filled
46		-	or refilled and returned to the same consumer if the
47		-	consumer-owned container is filled or refilled by either (i)
48		-	an employee of the restaurant or retailer or (ii) the owner of
49		-	the consumer-owned container.
50		-	A consumer-owned container that is filled or refilled
51		-	under this Section shall be designed and constructed for reuse
52		-	in accordance with Section 3-304.17(B)(1) of the 2017 Food
53		-	Code published by the U.S. Food and Drug Administration.
54		-	Consumer-owned containers that are not food-specific may be
55		-	filled or refilled at a beverage vending machine or system.
56		-	A restaurant or retailer shall:
57		-	(1) either isolate the consumer-owned container from
58		-	the serving surface or clean and sanitize the serving
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	33	+	HB2086 Enrolled - 2 - LRB103 25568 CPF 51917 b
	34	+	1 sanitary.
	35	+	2 Except as provided under Part 750 of Title 77 of the
	36	+	3 Illinois Administrative Code, county health departments and
	37	+	4 municipalities may regulate but shall not prohibit (1) the
	38	+	5 ability of a retailer to allow a consumer to fill or refill a
	39	+	6 consumer-owned personal container with bulk food if the
	40	+	7 dispensers used prevent the direct handling of the bulk food
	41	+	8 or (2) the ability of a restaurant or retailer to fill or
	42	+	9 refill a consumer-owned container with ready-to-eat or dry
	43	+	10 bulk foods and the personal containers used are clean and
	44	+	11 sanitary.
	45	+	12 Clean consumer-owned containers provided or returned to a
	46	+	13 restaurant or retailer for filling or refilling may be filled
	47	+	14 or refilled and returned to the same consumer if the
	48	+	15 consumer-owned container is filled or refilled by either (i)
	49	+	16 an employee of the restaurant or retailer or (ii) the owner of
	50	+	17 the consumer-owned container.
	51	+	18 A consumer-owned container that is filled or refilled
	52	+	19 under this Section shall be designed and constructed for reuse
	53	+	20 in accordance with Section 3-304.17(B)(1) of the 2017 Food
	54	+	21 Code published by the U.S. Food and Drug Administration.
	55	+	22 Consumer-owned containers that are not food-specific may be
	56	+	23 filled or refilled at a beverage vending machine or system.
	57	+	24 A restaurant or retailer shall:
	58	+	25 (1) either isolate the consumer-owned container from
	59	+	26 the serving surface or clean and sanitize the serving
59	60
60	61
61		-	surface after each filling or refilling, except for bulk
62		-	food if the dispensers used prevent the direct handling of
63		-	the bulk food;
64		-	(2) prepare, maintain, and adhere to written
65		-	procedures to prevent cross-contamination and make the
66		-	written procedures available to the local health
67		-	department or municipality upon request or at the time of
68		-	an inspection; and
69		-	(3) ensure compliance with any handwashing
70		-	requirements.
71		-	On or before January 1, 2024, the Department of Public
72		-	Health shall produce materials for restaurants and retailers,
73		-	to be made available electronically, indicating that
74		-	consumer-owned containers are not prohibited for use under
75		-	Illinois law and specifying best practices for food safety
76		-	requirements for consumer-owned containers, including, but not
77		-	limited to, sanitation practices, procedures to prevent
78		-	cross-contamination, and handwashing requirements. The
79		-	Department of Public Health may adopt administrative rules
80		-	necessary to implement, interpret, and administer the
81		-	provisions of this Section.
82		-	(Source: P.A. 101-510, eff. 1-1-20.)
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	70	+	1 surface after each filling or refilling, except for bulk
	71	+	2 food if the dispensers used prevent the direct handling of
	72	+	3 the bulk food;
	73	+	4 (2) prepare, maintain, and adhere to written
	74	+	5 procedures to prevent cross-contamination and make the
	75	+	6 written procedures available to the local health
	76	+	7 department or municipality upon request or at the time of
	77	+	8 an inspection; and
	78	+	9 (3) ensure compliance with any handwashing
	79	+	10 requirements.
	80	+	11 On or before January 1, 2024, the Department of Public
	81	+	12 Health shall produce materials for restaurants and retailers,
	82	+	13 to be made available electronically, indicating that
	83	+	14 consumer-owned containers are not prohibited for use under
	84	+	15 Illinois law and specifying best practices for food safety
	85	+	16 requirements for consumer-owned containers, including, but not
	86	+	17 limited to, sanitation practices, procedures to prevent
	87	+	18 cross-contamination, and handwashing requirements. The
	88	+	19 Department of Public Health may adopt administrative rules
	89	+	20 necessary to implement, interpret, and administer the
	90	+	21 provisions of this Section.
	91	+	22 (Source: P.A. 101-510, eff. 1-1-20.)
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	97	+	HB2086 Enrolled - 3 - LRB103 25568 CPF 51917 b