Bill Amendment: IL SB0167 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: KOSHER & HALAL FOODS

Status: 2023-05-11 - Rule 3-9(a) / Re-referred to Assignments [SB0167 Detail]

Download: Illinois-2023-SB0167-Senate_Amendment_001.html

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Sen. Ram Villivalam

Filed: 3/24/2023

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AMENDMENT TO SENATE BILL 167
AMENDMENT NO. ______. Amend Senate Bill 167 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by adding Sections
10-20.85 and 34-18.82 as follows:
(105 ILCS 5/10-20.85 new)
Sec. 10-20.85. Halal and kosher lunch options
(a) As part of a school lunch program, each school board
shall provide halal and kosher food options that comply with
federal and State nutritional guidelines to those students who
submit a request for a halal and kosher food options. A request
shall be submitted at the time of school registration. After a
student or the student's parent or guardian submits a request
for a halal or kosher option, the school board shall make
accommodations for the request as soon as the vendor
determined by the State Board of Education pursuant to

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subsection (c), the school district itself, or a vendor
selected by the school district is able to provide the meals.
(b) Any vendor offering halal or kosher food products to a
school district shall certify that the food or food product is
halal or kosher and that the vendor is in compliance with the
Halal Food Act or the Kosher Food Act. A school district may
rely upon such certification.
(c) The State Board of Education shall enter into a
statewide education master contract as defined in Article 28A
of this Code with a halal-certified and kosher-certified
vendor for packaged meals that meet both the federal and State
nutritional guidelines for school lunch programs and school
breakfast programs as defined in the School Breakfast and
Lunch Program Act for the purpose of providing a statewide
option for school districts to purchase halal and kosher
meals. The State Board may enter into as many contracts needed
in order to provide access for schools districts statewide.
The contract must specify packaged meal delivery directly to
any requesting school in the state at a uniform delivery cost,
regardless of the school's location The State Board of
Education shall notify all school districts of the award of
contract as required in subsection (c) of Section 10-20.21 of
this Code. Upon notice, each school district may purchase
halal and kosher packaged meals from the contracted vendor as
needed in order to fulfill subsection (a) of this Section.
(d) Halal-certified and kosher-certified meals shall be

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reimbursable by the State Board of Education. The amount of
the State reimbursement provided through the program to each
participating school board for each budget year shall be equal
to the federal free reimbursement rate multiplied by the total
number of eligible meals that the participating schools serve
during the applicable budget year, minus the total amount of
reimbursement for eligible meals served during the applicable
budget year that the school board receives pursuant to the
National School Breakfast Program and the National School
Lunch Program. The State Board of Education shall develop
procedures to allocate and disburse the money appropriated as
reimbursements pursuant to this Section among participating
school boards each budget year in an equitable manner and in
compliance with the requirements of the National School
Breakfast Program and the National School Lunch Program.
(e) A school district shall only be responsible for
providing a lunch program by which halal or kosher food
options are offered under subsection (a) if the State Board is
able to secure a statewide education master contract and
provide a halal and kosher food option to the school district
pursuant to subsection (c) for halal or kosher meals that meet
all of the requirements of this Section.
(f) A school district is not subject to the Halal Food Act
or the Kosher Food Act if it uses a vendor to provide halal or
kosher food products pursuant to this Section.
(g) The provisions of this Section shall not infringe upon

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or affect any obligation in a contract entered into and in
effect on or before the effective date of this amendatory Act
of the 103rd General Assembly.
(105 ILCS 5/34-18.82 new)
Sec. 34-18.82. Halal and kosher lunch options.
(a) As part of a school lunch program, each school board
shall provide halal and kosher food options that comply with
federal and State nutritional guidelines to those students who
submit a request for a halal and kosher food options. A request
shall be submitted at the time of school registration. After a
student or the student's parent or guardian submits a request
for a halal or kosher option, the school board shall make
accommodations for the request as soon as the vendor
determined by the State Board of Education pursuant to
subsection (c), the school district itself, or a vendor
selected by the school district is able to provide the meals.
(b) Any vendor offering halal or kosher food products to a
school district shall certify that the food or food product is
halal or kosher and that the vendor is in compliance with the
Halal Food Act or the Kosher Food Act. A school district may
rely upon such certification.
(c) The State Board of Education shall enter into a
statewide education master contract as defined in Article 28A
of this Code with a halal-certified and kosher-certified
vendor for packaged meals that meet both the federal and State

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nutritional guidelines for school lunch programs and school
breakfast programs as defined in the School Breakfast and
Lunch Program Act for the purpose of providing a statewide
option for school districts to purchase halal and kosher
meals. The State Board may enter into as many contracts needed
in order to provide access for schools districts statewide.
The contract must specify packaged meal delivery directly to
any requesting school in the state at a uniform delivery cost,
regardless of the school's location The State Board of
Education shall notify all school districts of the award of
contract as required in subsection (c) of Section 10-20.21 of
this Code. Upon notice, each school district may purchase
halal and kosher packaged meals from the contracted vendor as
needed in order to fulfill subsection (a) of this Section.
(d) Halal-certified and kosher-certified meals shall be
reimbursable by the State Board of Education. The amount of
the State reimbursement provided through the program to each
participating school board for each budget year shall be equal
to the federal free reimbursement rate multiplied by the total
number of eligible meals that the participating schools serve
during the applicable budget year, minus the total amount of
reimbursement for eligible meals served during the applicable
budget year that the school board receives pursuant to the
National School Breakfast Program and the National School
Lunch Program. The State Board of Education shall develop
procedures to allocate and disburse the money appropriated as

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reimbursements pursuant to this Section among participating
school boards each budget year in an equitable manner and in
compliance with the requirements of the National School
Breakfast Program and the National School Lunch Program.
(e) A school district shall only be responsible for
providing a lunch program by which halal or kosher food
options are offered under subsection (a) if the State Board is
able to secure a statewide education master contract and
provide a halal and kosher food option to the school district
pursuant to subsection (c) for halal or kosher meals that meet
all of the requirements of this Section.
(f) A school district is not subject to the Halal Food Act
or the Kosher Food Act if it uses a vendor to provide halal or
kosher food products pursuant to this Section.
(g) The provisions of this Section shall not infringe upon
or affect any obligation in a contract entered into and in
effect on or before the effective date of this amendatory Act
of the 103rd General Assembly.
Section 15. The Halal Food Act is amended by adding
Section 25 as follows:
(410 ILCS 637/25 new)
Sec. 25. State facility halal food services.
(a) In this Section, "State-owned or State-operated
facility" means either of the following:

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(1) A hospital that is organized under the University
of Illinois Hospital Act.
(2) A penal institution, as that term is defined under
Section 2-14 of the Criminal Code of 2012, that is owned or
operated by the State.
(b) Any State-owned or State-operated facility that
provides food services or cafeteria services for which food
products are provided or offered for sale also shall offer,
upon request provided with reasonable notice, halal food
options that comply with federal and State nutritional
guidelines at the State-owned or State-operated facility.
After an individual submits a request for a halal option, the
state-owned or state-operated facility shall make
accommodations for the request as soon as the state-owned or
state-operated facility is able to provide the meals
(c) Any halal food product offered under this Section
purchased from a halal-certified vendor. Any person,
organization, or vendor falsely representing a food product it
provides as halal or falsely representing itself as a
halal-certified vendor shall be subject to penalties under
Section 2 of this Act.
(d) The provisions of this Section shall not infringe upon
or affect any obligation in a contract entered into and in
effect on or before the effective date of this amendatory Act
of the 103rd General Assembly.

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Section 20. The Kosher Food Act is amended by adding
Section 1.5 and by changing Sections 1 and 2 as follows:
(410 ILCS 645/1) (from Ch. 56 1/2, par. 288.1)
Sec. 1. (a) Every person, who, with intent to defraud,
sells, or exposes for sale any meat or meat preparations and
falsely represents the same to be kosher, whether such meat or
meat preparations be raw or prepared for human consumption, or
as having been prepared under and of a product or products
sanctioned by the certifying organization or the supervising
rabbi; or falsely represents any food product or the contents
of any food package or container to be so constituted and
prepared, by having or permitting to be inscribed thereon the
word "kosher" in any language; or in any sign, display or
advertisement characterizes his place of business as a
"kosher" establishment if non-kosher food products are sold or
offered for sale in such place of business; or who, while
dealing or purporting to deal in kosher meat or meat
preparations, prepares or handles or sells, or causes to be
prepared or handled or sold, any food products which, when so
prepared or handled or sold together with kosher meat or meat
preparations, constitute a violation of the requirements of
the certifying organization or the supervising rabbi, and
thereby render such kosher meat or meat preparations, so
handled or sold in conjunction therewith, non-kosher, or who
otherwise in the preparation, handling, and sale of such

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kosher meat or meat preparations fails to comply with such
religious requirements and dietary laws necessary to
constitute such meat or meat preparations kosher, or who,
without complying with such religious or dietary laws, issues
or maintains any sign or advertisement in any language
purporting to represent that he sells or deals in kosher meat
or meat preparations, shall be deemed guilty of a misdemeanor
and subject to the penalty provided for in Section 2 of this
Act.
(b) It shall be unlawful to label or designate food or food
products with the words parve or pareve knowing that such food
or food products contain milk, meat or poultry products
rendering such food products impermissible to be used or eaten
according to the certifying organization or the supervising
rabbi.
(c) Any food commodity in package form which is marked as
being certified by an organization, identified on the package
by any symbol or is marked as being Kosher shall not be offered
for sale by the producer or distributor of such food commodity
until 30 days after such producer or distributor shall have
registered the name, current address and telephone numbers of
the certifying organization or the supervising rabbi with the
Illinois Department of Agriculture.
In this Act, "kosher" means supervised, prepared under,
and maintained in strict compliance with the laws and customs
of the Jewish religion, including, but not limited to, (i) the

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laws and customs of shechita requiring the slaughter of
animals according to appropriate Jewish law and (ii) as
expressed by reliable, recognized Orthodox Jewish entities and
Orthodox Jewish rabbis.
(Source: P.A. 93-134, eff. 1-1-04.)
(410 ILCS 645/1.5 new)
Sec. 1.5. State facility kosher food services.
(a) In this Section, "State-owned or State-operated
facility" means either of the following:
(1) A hospital that is organized under the University
of Illinois Hospital Act.
(2) A penal institution, as that term is defined under
Section 2-14 of the Criminal Code of 2012, that is owned or
operated by the State.
(b) Any State-owned or State-operated facility that
provides food services or cafeteria services for which food
products are provided or offered for sale also shall offer,
upon request provided with reasonable notice, kosher food
options that comply with federal and State nutritional
guidelines at the State-owned or State-operated facility.
After an individual submits a request for a kosher option, the
state-owned or state-operated facility shall make
accommodations for the request as soon as the state-owned or
state-operated facility is able to provide the meals
(c) Any kosher food product offered under this Section

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purchased from a kosher-certified vendor. Any person,
organization, or vendor falsely representing a food product it
provides as kosher or falsely representing itself as a
kosher-certified vendor shall be subject to penalties under
Section 2 of this Act.
(d) The provisions of this Section shall not infringe upon
or affect any obligation in a contract entered into and in
effect on or before the effective date of this amendatory Act
of the 103rd General Assembly.
(410 ILCS 645/2) (from Ch. 56 1/2, par. 288.2)
Sec. 2. Any person convicted of violating Section 1 or 1.5
of this Act, shall for the first offense, be guilty of a Class
C misdemeanor and for the second and each subsequent offense
shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2510.)
Section 99. Effective date. This Act takes effect June 1,
2024.".