Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1531 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1531 Introduced 2/4/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: New Act Creates the Disposable Food Service Container Act. Provides that, beginning January 1, 2030, a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Specifies that the prohibition does not apply to any activity authorized under an ordinance or resolution adopted by a unit of local government on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations. Sets forth penalties for violations of the Act. Limits home rule powers. Effective immediately. LRB104 10048 BDA 20119 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1531 Introduced 2/4/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: New Act New Act Creates the Disposable Food Service Container Act. Provides that, beginning January 1, 2030, a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Specifies that the prohibition does not apply to any activity authorized under an ordinance or resolution adopted by a unit of local government on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations. Sets forth penalties for violations of the Act. Limits home rule powers. Effective immediately. LRB104 10048 BDA 20119 b LRB104 10048 BDA 20119 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1531 Introduced 2/4/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Disposable Food Service Container Act. Provides that, beginning January 1, 2030, a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Specifies that the prohibition does not apply to any activity authorized under an ordinance or resolution adopted by a unit of local government on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations. Sets forth penalties for violations of the Act. Limits home rule powers. Effective immediately.
6	6	LRB104 10048 BDA 20119 b LRB104 10048 BDA 20119 b
7	7	LRB104 10048 BDA 20119 b
8	8	A BILL FOR
9	9	SB1531LRB104 10048 BDA 20119 b SB1531 LRB104 10048 BDA 20119 b
10	10	SB1531 LRB104 10048 BDA 20119 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 1. Short title. This Act may be cited as the
15	15	5 Disposable Food Service Container Act.
16	16	6 Section 5. Definitions. In this Act, unless the context
17	17	7 requires otherwise:
18	18	8 "Disposable food service container" means service ware
19	19	9 designed for one-time use. "Disposable food service container"
20	20	10 includes, but is not limited to, service ware for take-out
21	21	11 foods, bakery products, and leftovers from partially consumed
22	22	12 meals. "Disposable food service container" does not include
23	23	13 polystyrene foam coolers, ice chests that are used for the
24	24	14 processing or shipping of seafood, or service ware that is
25	25	15 used to contain, transport, or otherwise package raw,
26	26	16 uncooked, or butchered meat, poultry, fish, or seafood.
27	27	17 "Person" means any individual, partnership,
28	28	18 co-partnership, firm, company, limited liability company,
29	29	19 corporation, association, joint stock company, trust, estate,
30	30	20 political subdivision, state agency, or any other legal
31	31	21 entity, or their legal representative, agent, or assigns.
32	32	22 "Polystyrene foam" means blown polystyrene and expanded or
33	33	23 extruded foams using a styrene monomer.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1531 Introduced 2/4/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Disposable Food Service Container Act. Provides that, beginning January 1, 2030, a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Specifies that the prohibition does not apply to any activity authorized under an ordinance or resolution adopted by a unit of local government on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations. Sets forth penalties for violations of the Act. Limits home rule powers. Effective immediately.
41	41	LRB104 10048 BDA 20119 b LRB104 10048 BDA 20119 b
42	42	LRB104 10048 BDA 20119 b
43	43	A BILL FOR
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49	49	New Act
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68	68	1 "Service ware" means a container, bowl, plate, tray,
69	69	2 carton, cup, lid, or other item designed to contain,
70	70	3 transport, serve, or aid in the consumption of food or
71	71	4 beverages.
72	72	5 Section 10. Disposable food service containers composed of
73	73	6 polystyrene foam prohibited.
74	74	7 (a) Except as provided in subsection (b), a person may not
75	75	8 sell or distribute in this State a disposable food service
76	76	9 container that is composed in whole or in part of polystyrene
77	77	10 foam beginning January 1, 2030.
78	78	11 (b) The prohibition in subsection (a) does not apply to
79	79	12 any activity authorized under an ordinance or resolution
80	80	13 adopted by a home rule municipality or home rule county on or
81	81	14 before January 1, 2024 or with respect to sales made to a unit
82	82	15 of local government for use by the unit of local government for
83	83	16 its internal operations.
84	84	17 Section 15. Penalties and enforcement.
85	85	18 (a) A person who violates any provision of this Act shall
86	86	19 be liable for a civil penalty of up to $250 for the first
87	87	20 offense; a civil penalty of up to $500 for a second offense;
88	88	21 and a civil penalty of up to $1,000 for any subsequent offense
89	89	22 within a 12-month period.
90	90	23 (b) Any violation of this Act may be enforced by the
91	91	24 Attorney General or the State's Attorney of the county in
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102	102	1 which the violation occurs. The penalties provided for in
103	103	2 subsection (a) may be recovered in a civil action brought in
104	104	3 the name of the people of the State of Illinois by the State's
105	105	4 Attorney of the county in which the violation occurred or by
106	106	5 the Attorney General. Any penalties collected under this
107	107	6 Section in an action in which the Attorney General has
108	108	7 prevailed shall be deposited into the Environmental Protection
109	109	8 Trust Fund, to be used in accordance with the provisions of the
110	110	9 Environmental Protection Trust Fund Act. The Attorney General
111	111	10 or the State's Attorney of a county in which a violation occurs
112	112	11 may institute a civil action for an injunction, prohibitory or
113	113	12 mandatory, to restrain violations of this Act or to require
114	114	13 such actions as may be necessary to address violations of this
115	115	14 Act.
116	116	15 (c) The penalties and injunctions provided in this Act are
117	117	16 in addition to any penalties, injunctions, or other relief
118	118	17 provided under any other law. Nothing in this Act bars a cause
119	119	18 of action by the State for any other penalty, injunction, or
120	120	19 other relief provided by any other law.
121	121	20 (d) A home rule unit may not regulate the sale and
122	122	21 distribution of disposable food service containers composed in
123	123	22 whole or in part of polystyrene foam in a manner that is
124	124	23 inconsistent with the regulation by the State of the sale and
125	125	24 distribution of disposable food service containers composed in
126	126	25 whole or in part of polystyrene foam under this Act. This
127	127	26 Section is a limitation under subsection (i) of Section 6 of
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138	138	1 Article VII of the Illinois Constitution on the concurrent
139	139	2 exercise by home rule units of powers and functions exercised
140	140	3 by the State.
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