Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2212 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2212 Introduced 2/10/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15 Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately. LRB103 25567 CPF 51916 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2212 Introduced 2/10/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15 410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15 Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately. LRB103 25567 CPF 51916 b LRB103 25567 CPF 51916 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2212 Introduced 2/10/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15 410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15
4	4	410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15
5	5	Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.
6	6	LRB103 25567 CPF 51916 b LRB103 25567 CPF 51916 b
7	7	LRB103 25567 CPF 51916 b
8	8	A BILL FOR
9	9	SB2212LRB103 25567 CPF 51916 b SB2212 LRB103 25567 CPF 51916 b
10	10	SB2212 LRB103 25567 CPF 51916 b
11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Food, Drug and Cosmetic Act is
15	15	5 amended by changing Section 3.15 as follows:
16	16	6 (410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)
17	17	7 Sec. 3.15. To offer for sale any bulk food in a manner
18	18	8 other than to prevent direct handling of such items by the
19	19	9 consumer. This Section shall not prohibit self-service by
20	20	10 consumers provided that the dispensers utilized prevent the
21	21	11 direct handling of such foods and that take-home containers,
22	22	12 including bags, cups, and lids, provided for consumer use are
23	23	13 cleaned, stored, and dispensed in a sanitary manner.
24	24	14 A restaurant or retailer may allow a consumer to fill or
25	25	15 refill a consumer-owned personal container with bulk food if
26	26	16 the dispensers used prevent the direct handling of the bulk
27	27	17 food. A restaurant or retailer may fill or refill a
28	28	18 consumer-owned container with ready-made food. Consumer-owned
29	29	19 Personal containers used for this purpose shall be clean and
30	30	20 sanitary.
31	31	21 Except as provided under Part 750 of Title 77 of the
32	32	22 Illinois Administrative Code, county health departments and
33	33	23 municipalities shall not prohibit (1) the ability of a
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2212 Introduced 2/10/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
38	38	410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15 410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15
39	39	410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15
40	40	Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.
41	41	LRB103 25567 CPF 51916 b LRB103 25567 CPF 51916 b
42	42	LRB103 25567 CPF 51916 b
43	43	A BILL FOR
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49	49	410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15
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68	68	1 retailer to allow a consumer to fill or refill a
69	69	2 consumer-owned personal container with bulk food if the
70	70	3 dispensers used prevent the direct handling of the bulk food
71	71	4 and the consumer-owned personal containers used are clean and
72	72	5 sanitary or (2) the ability of a restaurant or retailer to fill
73	73	6 or refill a consumer-owned container with ready-made food.
74	74	7 Clean consumer-owned containers provided or returned to a
75	75	8 restaurant or retailer for filling or refilling may be filled
76	76	9 or refilled and returned to the same consumer if the
77	77	10 consumer-owned container is filled or refilled by either an
78	78	11 employee of the restaurant or retailer or the owner of the
79	79	12 consumer-owned container.
80	80	13 A consumer-owned container that is filled or refilled
81	81	14 under this Section shall be designed and constructed for reuse
82	82	15 in accordance with Section 3-304.17(B)(1) of the 2017 Food
83	83	16 Code published by the U.S. Food and Drug Administration.
84	84	17 Consumer-owned containers that are not food-specific may be
85	85	18 filled or refilled at a beverage vending machine or system.
86	86	19 A restaurant or retailer shall:
87	87	20 (1) either isolate the consumer-owned container from
88	88	21 the serving surface or sanitize the serving surface after
89	89	22 each filling or refilling, except for bulk food if the
90	90	23 dispensers used prevent the direct handling of the bulk
91	91	24 food;
92	92	25 (2) prepare, maintain, and adhere to written
93	93	26 procedures to prevent cross-contamination and make the
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104	104	1 written procedures available to the Department of Public
105	105	2 Health upon request or at the time of an inspection; and
106	106	3 (3) ensure compliance with any handwashing
107	107	4 requirements.
108	108	5 On or before January 1, 2024, the Department of Public
109	109	6 Health shall produce materials for restaurants and retailers,
110	110	7 to be made available electronically or in print format,
111	111	8 indicating that consumer-owned containers are not prohibited
112	112	9 for use under Illinois law and specifying best practices for
113	113	10 food safety requirements for consumer-owned containers,
114	114	11 including, but not limited to, sanitation practices,
115	115	12 procedures to prevent cross-contamination, and handwashing
116	116	13 requirements.
117	117	14 (Source: P.A. 101-510, eff. 1-1-20.)
118	118	15 Section 99. Effective date. This Act takes effect upon
119	119	16 becoming law.
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