Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1194 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1194 Introduced 1/24/2025, by Sen. Mary Edly-Allen 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 06167 BDA 16201 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1194 Introduced 1/24/2025, by Sen. Mary Edly-Allen 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 06167 BDA 16201 b LRB104 06167 BDA 16201 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1194 Introduced 1/24/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 620/16.10 new 410 ILCS 620/16.10 new
4	4	410 ILCS 620/16.10 new
5	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.
6	6	LRB104 06167 BDA 16201 b LRB104 06167 BDA 16201 b
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8	8	A BILL FOR
9	9	SB1194LRB104 06167 BDA 16201 b SB1194 LRB104 06167 BDA 16201 b
10	10	SB1194 LRB104 06167 BDA 16201 b
11	11	1 AN ACT concerning safety.
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 adding Section 16.10 as follows:
16	16	6 (410 ILCS 620/16.10 new)
17	17	7 Sec. 16.10. Single-use plastic disposable foodware.
18	18	8 (a) In this Section:
19	19	9 "Compostable material" means products or materials that
20	20	10 will completely break down into organic matter within 180 days
21	21	11 and will be consumed by microorganisms present in the compost
22	22	12 at the same rate as natural materials.
23	23	13 "Department" means the Department of Public Health.
24	24	14 "Dine-in" means food and beverages that are intended to be
25	25	15 consumed on the premises of a full-service restaurant or
26	26	16 quick-service restaurant.
27	27	17 "Disposable cup" means a beverage cup designed for a
28	28	18 single use to serve beverages, including, but not limited to,
29	29	19 water, cold drinks, hot drinks, and alcoholic beverages.
30	30	20 "Disposable foodware" means containers, bowls, plates,
31	31	21 trays, cartons, cups, lids, forks, spoons, knives, napkins,
32	32	22 and other items that are designed for one-time use for
33	33	23 beverages, prepared food, or leftovers from meals prepared by
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1194 Introduced 1/24/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
38	38	410 ILCS 620/16.10 new 410 ILCS 620/16.10 new
39	39	410 ILCS 620/16.10 new
40	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.
41	41	LRB104 06167 BDA 16201 b LRB104 06167 BDA 16201 b
42	42	LRB104 06167 BDA 16201 b
43	43	A BILL FOR
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49	49	410 ILCS 620/16.10 new
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68	68	1 a food dispensing establishment. "Disposable foodware" does
69	69	2 not include items composed entirely of aluminum.
70	70	3 "Expanded polystyrene" means blown polystyrene and
71	71	4 expanded and extruded foams that are thermoplastic
72	72	5 petrochemical materials utilizing a styrene monomer and
73	73	6 processed by multiple techniques, including, but not limited
74	74	7 to, fusion of polymer spheres, expanded bead polystyrene,
75	75	8 injection molding, foam molding, extrusion-blow molding, and
76	76	9 extruded foam polystyrene.
77	77	10 "Expanded polystyrene food service products" means food
78	78	11 containers, plates, hot and cold beverage cups, meat and
79	79	12 vegetable trays, egg cartons, and other products made of
80	80	13 expanded polystyrene and used for selling or providing food.
81	81	14 "Full-service restaurant" means a food dispensing
82	82	15 establishment with the primary business purpose of serving
83	83	16 food, where food may be consumed on the premises and where :
84	84	17 (1) A consumer is escorted or assigned to an assigned
85	85	18 eating area. The employee may choose the assigned eating
86	86	19 area or may seat the consumer according to the consumer's
87	87	20 need for accommodation or other request.
88	88	21 (2) A consumer's food and beverage orders are taken
89	89	22 after the consumer has been seated at the assigned seating
90	90	23 area.
91	91	24 (3) Food and beverage orders are delivered directly to
92	92	25 the consumer.
93	93	26 (4) Any requested items associated with a consumer's
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104	104	1 food or beverage order are brought to the consumer.
105	105	2 (5) The check is delivered directly to the consumer at
106	106	3 the assigned eating area.
107	107	4 "Prepared food" means foods or beverages that are prepared
108	108	5 and served by a food dispensing establishment on the licensed
109	109	6 premises by cooking, chopping, slicing, mixing, freezing,
110	110	7 squeezing, or other processing and which require no further
111	111	8 preparation for human consumption. "Prepared food" does not
112	112	9 include raw, uncooked whole fruits or vegetables that are not
113	113	10 chopped, squeezed, or mixed, or raw uncooked meat products.
114	114	11 "Quick-service restaurant" means a food dispensing
115	115	12 establishment that has minimal table service and makes food
116	116	13 available upon order and pick up from a vehicle.
117	117	14 "Reusable foodware" means plates, bowls, cups, trays,
118	118	15 glasses, stirrers, condiment cups, utensils, and other
119	119	16 foodware that is:
120	120	17 (1) manufactured from durable materials;
121	121	18 (2) specifically designed and manufactured to be
122	122	19 washed, sanitized, and used repeatedly over an extended
123	123	20 period of time; and
124	124	21 (3) safe for washing and sanitizing according to
125	125	22 applicable regulations.
126	126	23 "Single-use plastic disposable foodware" means any
127	127	24 disposable foodware item, including, but not limited to, all
128	128	25 of the following: stirrers, napkins, and utensils; condiment
129	129	26 cups and packets; cup sleeves, tops, lids, and spill plugs;
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140	140	1 and other similar accessory or accompanying disposable
141	141	2 foodware items used as part of food or beverage service or
142	142	3 packaging.
143	143	4 "Takeout food" means prepared food that is purchased to be
144	144	5 consumed off the licensed premises of a food dispensing
145	145	6 establishment. "Takeout food" includes, but is not limited to,
146	146	7 prepared food carried out by a customer or delivered by a food
147	147	8 dispensing establishment or a takeout food delivery service.
148	148	9 "Takeout food delivery service" means a third-party
149	149	10 delivery service that picks up takeout food from a food
150	150	11 dispensing establishment and delivers it to a customer for
151	151	12 consumption off of the licensed premises.
152	152	13 (b) A full-service restaurant or quick-service restaurant
153	153	14 shall not provide single-use plastic disposable foodware items
154	154	15 to a consumer ordering or purchasing dine-in food unless
155	155	16 requested by the consumer. Plastic drinking straws must be
156	156	17 provided when specifically requested.
157	157	18 (c) Single-use plastic disposable foodware items provided
158	158	19 when requested by customers may not be packaged in plastic.
159	159	20 (d) A food dispensing establishment or takeout food
160	160	21 delivery service must provide options for a customer to
161	161	22 affirmatively request accessory disposable foodware items
162	162	23 separate from the customer's order for a food or beverage
163	163	24 across all ordering or point of sale platforms, including, but
164	164	25 not limited to, the Internet, a smartphone application, other
165	165	26 digital platforms, by telephone, and in person.
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176	176	1 (e) A full-service restaurant or quick-service restaurant
177	177	2 offering condiments may use dispensers rather than prepackaged
178	178	3 disposable condiment packets.
179	179	4 (f) A full-service restaurant or quick-service restaurant
180	180	5 must post a sign indicating that single-use plastic disposable
181	181	6 foodware will be made available to the customer upon request
182	182	7 or at a self serve station.
183	183	8 (g) Nothing in this Section prohibits a full-service
184	184	9 restaurant or quick-service restaurant from making single-use
185	185	10 plastic straws available to customers ordering or purchasing
186	186	11 dine-in food by making available cylinders, dispensers,
187	187	12 containers, or any other means of allowing for single-use
188	188	13 plastic straws to be obtained at the affirmative volition of
189	189	14 the customer if a sign is posted encouraging the customer to
190	190	15 reduce the use of single-use plastics.
191	191	16 (h) The first violation of this Section shall result in a
192	192	17 notice of violation, and any subsequent violation shall be
193	193	18 punishable by a civil penalty of $25 for each day a
194	194	19 full-service restaurant or quick-service restaurant is in
195	195	20 violation of this Section. All civil penalties collected under
196	196	21 this Section shall be paid to the Department.
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