Bill Amendment: IL SB1597 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COMPOSTABLE BAGS-RETAIL

Status: 2019-01-09 - Session Sine Die [SB1597 Detail]

Download: Illinois-2017-SB1597-Senate_Amendment_001.html

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Sen. Terry Link

Filed: 3/10/2017

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AMENDMENT TO SENATE BILL 1597
AMENDMENT NO. ______. Amend Senate Bill 1597 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Compostable Bags in Retail Establishments Act.
Section 5. Definitions. As used in this Act:
"Plastic film bag" means a bag that is provided by a retail
establishment at the check stand, cash register, point of sale,
or other point of departure to a customer for the purpose of
transporting food or merchandise out of the establishment or
sold by a retailer in packages containing multiple bags
intended for use as garbage, pet waste, or yard waste bags.
"Plastic film bag" does not include bags used by customers
inside stores to package bulk items such as fruit, vegetables,
nuts, grains, candy, greeting cards, or small hardware items,
such as nails and bolts, or to contain or wrap frozen foods,

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meat or fish, whether prepackaged or not, or to contain or wrap
flowers or potted plants, or other items where dampness may be
a problem, or to contain unwrapped prepared foods or bakery
goods, or to contain prescription drugs, or to safeguard public
health and safety during the transportation of prepared
take-out foods and prepared liquids intended for consumption
away from the retail establishment; or newspaper bags,
door-hanger bags, or laundry-dry cleaning bags.
"Compostable" means that the product completely breaks
down into a stable product due to the action of microorganisms
in a controlled, aerobic commercial process that results in a
material safe and desirable as a soil amendment, meets the
compost standards under 35 Ill. Adm. Code 830.503, has been
found to degrade satisfactorily at the composting facility
receiving the material, meets industry standard specification
ASTM D6400, and has been certified as compostable by the
Biodegradable Products Institute or a similar national or
international certification authority.
"Retail establishment" means any person, corporation,
partnership, business venture, public sports or entertainment
facilities, government agency, street vendor or vendor at
public events or festivals, or organizations that sell or
provide merchandise, goods, or materials including, without
limitation, clothing, food, beverages, household goods, or
personal items of any kind directly to a customer. "Retail
establishment" includes, but is not limited to, department

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stores, clothing stores, jewelry stores, grocery stores,
pharmacies, home improvement stores, liquor stores,
convenience stores, gas stations, restaurants, food vending
trucks, farmers markets, and temporary vendors of food and
merchandise at street fairs and festivals. "Retail
establishment" does not include food banks and other food
assistance programs.
Section 10. Compostable bags; retail establishments. No
retail establishment in the State shall use, provide, or sell
polyethylene or other non-compostable plastic film bags tinted
green to the retail establishment's customers. Any plastic film
bags meeting the definition of compostable that retail
establishments provide or sell to customers must be tinted
green and shall be clearly labeled "COMPOSTABLE", including
language following the Federal Trade Commission's "Green
Guides". No plastic film bag that retail establishments provide
to or sell to customers may be labeled with the term
"biodegradable", "degradable", "decomposable", or any similar
terms, or in any way imply that the product will break down,
fragment, biodegrade, or decompose in a landfill or other
environment.
Section 99. Effective date. This Act takes effect January
1, 2018.".