IL
Illinois House Bill HB1600

Illinois 2025-2026 Regular Session

Illinois House Bill HB1600 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1600 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 410 ILCS 620/16.10 new Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full-service restaurant or quick-service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer and that plastic drinking straws must be provided when specifically requested. Provides that single-use plastic disposable foodware items that are provided may not be packaged in plastic. Provides that a food dispensing establishment or takeout food delivery service must provide options for a customer to request disposable foodware items separate from the customer's order, with certain requirements. Provides that a full-service restaurant or quick-service restaurant offering condiments may use dispensers rather than prepackaged disposable condiment packets. Provides that a full-service restaurant or quick-service restaurant must post a sign indicating that single-use plastic disposable foodware will be made available upon request or at a self serve station. Provides that a full-service restaurant or quick-service restaurant may make single-use plastic straws available to customers ordering or purchasing dine-in food by making available dispensers or certain other means if a sign is posted encouraging the reduction of the use single-use plastics. Provides for a civil penalty of $25, after a first notice of violation, for each day a full-service restaurant or quick-service restaurant is in violation, paid to the Department of Public Health. Defines terms. Effective January 1, 2026. LRB104 06168 BDA 16202 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1600 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 410 ILCS 620/16.10 new 410 ILCS 620/16.10 new Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full-service restaurant or quick-service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer and that plastic drinking straws must be provided when specifically requested. Provides that single-use plastic disposable foodware items that are provided may not be packaged in plastic. Provides that a food dispensing establishment or takeout food delivery service must provide options for a customer to request disposable foodware items separate from the customer's order, with certain requirements. Provides that a full-service restaurant or quick-service restaurant offering condiments may use dispensers rather than prepackaged disposable condiment packets. Provides that a full-service restaurant or quick-service restaurant must post a sign indicating that single-use plastic disposable foodware will be made available upon request or at a self serve station. Provides that a full-service restaurant or quick-service restaurant may make single-use plastic straws available to customers ordering or purchasing dine-in food by making available dispensers or certain other means if a sign is posted encouraging the reduction of the use single-use plastics. Provides for a civil penalty of $25, after a first notice of violation, for each day a full-service restaurant or quick-service restaurant is in violation, paid to the Department of Public Health. Defines terms. Effective January 1, 2026. LRB104 06168 BDA 16202 b LRB104 06168 BDA 16202 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1600 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
3+410 ILCS 620/16.10 new 410 ILCS 620/16.10 new
4+410 ILCS 620/16.10 new
5+Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full-service restaurant or quick-service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer and that plastic drinking straws must be provided when specifically requested. Provides that single-use plastic disposable foodware items that are provided may not be packaged in plastic. Provides that a food dispensing establishment or takeout food delivery service must provide options for a customer to request disposable foodware items separate from the customer's order, with certain requirements. Provides that a full-service restaurant or quick-service restaurant offering condiments may use dispensers rather than prepackaged disposable condiment packets. Provides that a full-service restaurant or quick-service restaurant must post a sign indicating that single-use plastic disposable foodware will be made available upon request or at a self serve station. Provides that a full-service restaurant or quick-service restaurant may make single-use plastic straws available to customers ordering or purchasing dine-in food by making available dispensers or certain other means if a sign is posted encouraging the reduction of the use single-use plastics. Provides for a civil penalty of $25, after a first notice of violation, for each day a full-service restaurant or quick-service restaurant is in violation, paid to the Department of Public Health. Defines terms. Effective January 1, 2026.
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311 1 AN ACT concerning safety.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
6-4 Section 1. Short title. This Act may be cited as the
7-5 Single-Use Plastic Foodware Reduction Act.
8-6 Section 5. Definitions. As used in this Act:
9-7 "Drive-through window" means any service window, automated
10-8 device or other facility that provides goods or services to
11-9 individuals in a motor vehicle.
12-10 "Full-service restaurant" means a food dispensing
13-11 establishment with the primary business purpose of serving
14-12 food, where food may be consumed on the premises and where:
15-13 (1) a consumer is escorted or assigned to an assigned
16-14 eating area; the employee may choose the assigned eating
17-15 area or may seat the consumer according to the consumer's
18-16 need for accommodation or other request;
19-17 (2) a consumer's food and beverage orders are taken
20-18 after the consumer has been seated at the assigned seating
21-19 area;
22-20 (3) food and beverage orders are delivered directly to
23-21 the consumer;
24-22 (4) any requested items associated with a consumer's
25-23 food or beverage order are brought to the consumer; and
14+4 Section 5. The Illinois Food, Drug and Cosmetic Act is
15+5 amended by adding Section 16.10 as follows:
16+6 (410 ILCS 620/16.10 new)
17+7 Sec. 16.10. Single-use plastic disposable foodware.
18+8 (a) In this Section:
19+9 "Compostable material" means products or materials that
20+10 will completely break down into organic matter within 180 days
21+11 and will be consumed by microorganisms present in the compost
22+12 at the same rate as natural materials.
23+13 "Department" means the Department of Public Health.
24+14 "Dine-in" means food and beverages that are intended to be
25+15 consumed on the premises of a full-service restaurant or
26+16 quick-service restaurant.
27+17 "Disposable cup" means a beverage cup designed for a
28+18 single use to serve beverages, including, but not limited to,
29+19 water, cold drinks, hot drinks, and alcoholic beverages.
30+20 "Disposable foodware" means containers, bowls, plates,
31+21 trays, cartons, cups, lids, forks, spoons, knives, napkins,
32+22 and other items that are designed for one-time use for
33+23 beverages, prepared food, or leftovers from meals prepared by
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34-1 (5) the check is delivered directly to the consumer at
35-2 the assigned eating area.
36-3 "Quick-service restaurant" means a food dispensing
37-4 establishment that has minimal table service, makes food
38-5 available upon order, and allows pick-up from a vehicle.
39-6 "Restaurant" means a full-service restaurant or
40-7 quick-service restaurant.
41-8 "Single-use foodware" means any eating utensil or other
42-9 item to be used as part of food or beverage service that is
43-10 designed and intended by the manufacturer for only one usage
44-11 before being discarded, including forks, spoons, sporks,
45-12 knives, chopsticks, other eating utensils, stirrers, drink
46-13 stoppers, splash sticks, cocktail sticks, toothpicks, napkins,
47-14 wet-wipes, cup sleeves, beverage trays, disposable plates, and
48-15 condiment packets.
49-16 "Single-use foodware" does not include straws, beverage
50-17 lids, or items used to contain or package food or beverages for
51-18 delivery.
52-19 "Takeout" means prepared food purchased from a restaurant
53-20 to be consumed at another location. "Third-party food delivery
54-21 platform" means a business engaged in the service of online
55-22 food ordering and delivery from a restaurant to a consumer.
56-23 "Third-party food delivery platform" does not include any
57-24 individual that is directly or indirectly employed by the
58-25 restaurant and makes deliveries on behalf of a restaurant.
59-26 "Third-party online ordering platform" means a website or
37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1600 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
38+410 ILCS 620/16.10 new 410 ILCS 620/16.10 new
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40+Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full-service restaurant or quick-service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer and that plastic drinking straws must be provided when specifically requested. Provides that single-use plastic disposable foodware items that are provided may not be packaged in plastic. Provides that a food dispensing establishment or takeout food delivery service must provide options for a customer to request disposable foodware items separate from the customer's order, with certain requirements. Provides that a full-service restaurant or quick-service restaurant offering condiments may use dispensers rather than prepackaged disposable condiment packets. Provides that a full-service restaurant or quick-service restaurant must post a sign indicating that single-use plastic disposable foodware will be made available upon request or at a self serve station. Provides that a full-service restaurant or quick-service restaurant may make single-use plastic straws available to customers ordering or purchasing dine-in food by making available dispensers or certain other means if a sign is posted encouraging the reduction of the use single-use plastics. Provides for a civil penalty of $25, after a first notice of violation, for each day a full-service restaurant or quick-service restaurant is in violation, paid to the Department of Public Health. Defines terms. Effective January 1, 2026.
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70-1 application that connects customers with restaurants for
71-2 ordering food online. "Third-party online ordering platform"
72-3 does not include an application or website owned and operated
73-4 by a restaurant.
74-5 Section 10. Single-use foodware request.
75-6 (a) A third-party food delivery platform shall provide a
76-7 consumer with the option to request single-use foodware when a
77-8 consumer purchases food or beverages from a restaurant through
78-9 the third-party food delivery platform.
79-10 (b) A third-party online ordering platform shall provide
80-11 consumers with the option to request single-use foodware when
81-12 a consumer purchases food or beverages from a restaurant for
82-13 takeout through the third-party online ordering platform.
83-14 (c) If a restaurant uses a third-party food delivery
84-15 platform to provide food or beverages to a consumer by
85-16 delivery, or a third-party online ordering platform to provide
86-17 food or beverages to a consumer for takeout, the restaurant
87-18 shall provide single-use foodware to the consumer only upon
88-19 the request of the consumer through the third-party food
89-20 delivery platform or the third-party online ordering platform.
90-21 (d) This Section shall not apply to: (i) single-use
91-22 foodware necessary to address safety concerns, such as lids,
92-23 drink stoppers, beverage trays, and cup sleeves for beverages
93-24 served at an average temperature in excess of 170 degrees
94-25 Fahrenheit; (ii) an automatic food vending machine; (iii) any
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105-1 single-use foodware that is prepackaged with or attached to
106-2 any food or beverage products by the manufacturer prior to
107-3 receipt by the restaurant; (iv) any charitable food dispensing
108-4 establishment; (v) restaurants located within Chicago O'Hare
109-5 International Airport or Chicago Midway International Airport;
110-6 or (vi) single-use foodware provided in connection with any
111-7 food or beverage order fulfilled at a drive-through window.
112-8 Section 15. Enforcement.
113-9 (a) A person who violates any provision of this Act shall
114-10 receive a notice of violation for the first offense, and any
115-11 subsequent violation shall be punishable by a civil penalty of
116-12 no more than $25 per day. No restaurant, third-party food
117-13 delivery platform, or third-party online food ordering
118-14 platform shall be fined in excess of $250 per year for
119-15 violations under this Section.
120-16 (b) Any violation of this Act may be enforced by the
121-17 Attorney General or the State's Attorney of the county in
122-18 which the violation occurs. The penalties provided for in
123-19 subsection (a) may be recovered in a civil action brought in
124-20 the name of the people of the State of Illinois by the State's
125-21 Attorney of the county in which the violation occurred or by
126-22 the Attorney General. Any penalties collected under this
127-23 Section in an action in which the Attorney General has
128-24 prevailed shall be deposited into the Environmental Protection
129-25 Trust Fund, to be used in accordance with the provisions of the
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68+1 a food dispensing establishment. "Disposable foodware" does
69+2 not include items composed entirely of aluminum.
70+3 "Expanded polystyrene" means blown polystyrene and
71+4 expanded and extruded foams that are thermoplastic
72+5 petrochemical materials utilizing a styrene monomer and
73+6 processed by multiple techniques, including, but not limited
74+7 to, fusion of polymer spheres, expanded bead polystyrene,
75+8 injection molding, foam molding, extrusion-blow molding, and
76+9 extruded foam polystyrene.
77+10 "Expanded polystyrene food service products" means food
78+11 containers, plates, hot and cold beverage cups, meat and
79+12 vegetable trays, egg cartons, and other products made of
80+13 expanded polystyrene and used for selling or providing food.
81+14 "Full-service restaurant" means a food dispensing
82+15 establishment with the primary business purpose of serving
83+16 food, where food may be consumed on the premises and where :
84+17 (1) A consumer is escorted or assigned to an assigned
85+18 eating area. The employee may choose the assigned eating
86+19 area or may seat the consumer according to the consumer's
87+20 need for accommodation or other request.
88+21 (2) A consumer's food and beverage orders are taken
89+22 after the consumer has been seated at the assigned seating
90+23 area.
91+24 (3) Food and beverage orders are delivered directly to
92+25 the consumer.
93+26 (4) Any requested items associated with a consumer's
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140-1 Environmental Protection Trust Fund Act. The Attorney General
141-2 or the State's Attorney of a county in which a violation occurs
142-3 may institute a civil action for an injunction, prohibitory or
143-4 mandatory, to restrain violations of this Act or to require
144-5 such actions as may be necessary to address violations of this
145-6 Act.
146-7 (c) The penalties and injunctions provided in this Act are
147-8 in addition to any penalties, injunctions, or other relief
148-9 provided under any other law. Nothing in this Act bars a cause
149-10 of action by the State for any other penalty, injunction, or
150-11 other relief provided by any other law.
151-12 Section 20. Regulation of single-use foodware; home rule.
152-13 A municipality or county, including a home rule unit, may not
153-14 regulate the use of single-use foodware by a restaurant,
154-15 third-party food delivery platform, third-party online food
155-16 ordering platform, or consumer. This Section is a denial and
156-17 limitation of home rule powers and functions under subsection
157-18 (g) of Section 6 of Article VII of the Illinois Constitution.
158-19 Section 99. Effective date. This Act takes effect July 1,
159-20 2026.
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104+1 food or beverage order are brought to the consumer.
105+2 (5) The check is delivered directly to the consumer at
106+3 the assigned eating area.
107+4 "Prepared food" means foods or beverages that are prepared
108+5 and served by a food dispensing establishment on the licensed
109+6 premises by cooking, chopping, slicing, mixing, freezing,
110+7 squeezing, or other processing and which require no further
111+8 preparation for human consumption. "Prepared food" does not
112+9 include raw, uncooked whole fruits or vegetables that are not
113+10 chopped, squeezed, or mixed, or raw uncooked meat products.
114+11 "Quick-service restaurant" means a food dispensing
115+12 establishment that has minimal table service and makes food
116+13 available upon order and pick up from a vehicle.
117+14 "Reusable foodware" means plates, bowls, cups, trays,
118+15 glasses, stirrers, condiment cups, utensils, and other
119+16 foodware that is:
120+17 (1) manufactured from durable materials;
121+18 (2) specifically designed and manufactured to be
122+19 washed, sanitized, and used repeatedly over an extended
123+20 period of time; and
124+21 (3) safe for washing and sanitizing according to
125+22 applicable regulations.
126+23 "Single-use plastic disposable foodware" means any
127+24 disposable foodware item, including, but not limited to, all
128+25 of the following: stirrers, napkins, and utensils; condiment
129+26 cups and packets; cup sleeves, tops, lids, and spill plugs;
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140+1 and other similar accessory or accompanying disposable
141+2 foodware items used as part of food or beverage service or
142+3 packaging.
143+4 "Takeout food" means prepared food that is purchased to be
144+5 consumed off the licensed premises of a food dispensing
145+6 establishment. "Takeout food" includes, but is not limited to,
146+7 prepared food carried out by a customer or delivered by a food
147+8 dispensing establishment or a takeout food delivery service.
148+9 "Takeout food delivery service" means a third-party
149+10 delivery service that picks up takeout food from a food
150+11 dispensing establishment and delivers it to a customer for
151+12 consumption off of the licensed premises.
152+13 (b) A full-service restaurant or quick-service restaurant
153+14 shall not provide single-use plastic disposable foodware items
154+15 to a consumer ordering or purchasing dine-in food unless
155+16 requested by the consumer. Plastic drinking straws must be
156+17 provided when specifically requested.
157+18 (c) Single-use plastic disposable foodware items provided
158+19 when requested by customers may not be packaged in plastic.
159+20 (d) A food dispensing establishment or takeout food
160+21 delivery service must provide options for a customer to
161+22 affirmatively request accessory disposable foodware items
162+23 separate from the customer's order for a food or beverage
163+24 across all ordering or point of sale platforms, including, but
164+25 not limited to, the Internet, a smartphone application, other
165+26 digital platforms, by telephone, and in person.
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176+1 (e) A full-service restaurant or quick-service restaurant
177+2 offering condiments may use dispensers rather than prepackaged
178+3 disposable condiment packets.
179+4 (f) A full-service restaurant or quick-service restaurant
180+5 must post a sign indicating that single-use plastic disposable
181+6 foodware will be made available to the customer upon request
182+7 or at a self serve station.
183+8 (g) Nothing in this Section prohibits a full-service
184+9 restaurant or quick-service restaurant from making single-use
185+10 plastic straws available to customers ordering or purchasing
186+11 dine-in food by making available cylinders, dispensers,
187+12 containers, or any other means of allowing for single-use
188+13 plastic straws to be obtained at the affirmative volition of
189+14 the customer if a sign is posted encouraging the customer to
190+15 reduce the use of single-use plastics.
191+16 (h) The first violation of this Section shall result in a
192+17 notice of violation, and any subsequent violation shall be
193+18 punishable by a civil penalty of $25 for each day a
194+19 full-service restaurant or quick-service restaurant is in
195+20 violation of this Section. All civil penalties collected under
196+21 this Section shall be paid to the Department.
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