Bill Text: IL SB1194 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-24 - Referred to Assignments [SB1194 Detail]

Download: Illinois-2025-SB1194-Introduced.html

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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
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 16.10 as follows:
(410 ILCS 620/16.10 new)
Sec. 16.10. Single-use plastic disposable foodware.
(a) In this Section:
"Compostable material" means products or materials that
will completely break down into organic matter within 180 days
and will be consumed by microorganisms present in the compost
at the same rate as natural materials.
"Department" means the Department of Public Health.
"Dine-in" means food and beverages that are intended to be
consumed on the premises of a full-service restaurant or
quick-service restaurant.
"Disposable cup" means a beverage cup designed for a
single use to serve beverages, including, but not limited to,
water, cold drinks, hot drinks, and alcoholic beverages.
"Disposable foodware" means containers, bowls, plates,
trays, cartons, cups, lids, forks, spoons, knives, napkins,
and other items that are designed for one-time use for
beverages, prepared food, or leftovers from meals prepared by

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a food dispensing establishment. "Disposable foodware" does
not include items composed entirely of aluminum.
"Expanded polystyrene" means blown polystyrene and
expanded and extruded foams that are thermoplastic
petrochemical materials utilizing a styrene monomer and
processed by multiple techniques, including, but not limited
to, fusion of polymer spheres, expanded bead polystyrene,
injection molding, foam molding, extrusion-blow molding, and
extruded foam polystyrene.
"Expanded polystyrene food service products" means food
containers, plates, hot and cold beverage cups, meat and
vegetable trays, egg cartons, and other products made of
expanded polystyrene and used for selling or providing food.
"Full-service restaurant" means a food dispensing
establishment with the primary business purpose of serving
food, where food may be consumed on the premises and where :
(1) A consumer is escorted or assigned to an assigned
eating area. The employee may choose the assigned eating
area or may seat the consumer according to the consumer's
need for accommodation or other request.
(2) A consumer's food and beverage orders are taken
after the consumer has been seated at the assigned seating
area.
(3) Food and beverage orders are delivered directly to
the consumer.
(4) Any requested items associated with a consumer's

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food or beverage order are brought to the consumer.
(5) The check is delivered directly to the consumer at
the assigned eating area.
"Prepared food" means foods or beverages that are prepared
and served by a food dispensing establishment on the licensed
premises by cooking, chopping, slicing, mixing, freezing,
squeezing, or other processing and which require no further
preparation for human consumption. "Prepared food" does not
include raw, uncooked whole fruits or vegetables that are not
chopped, squeezed, or mixed, or raw uncooked meat products.
"Quick-service restaurant" means a food dispensing
establishment that has minimal table service and makes food
available upon order and pick up from a vehicle.
"Reusable foodware" means plates, bowls, cups, trays,
glasses, stirrers, condiment cups, utensils, and other
foodware that is:
(1) manufactured from durable materials;
(2) specifically designed and manufactured to be
washed, sanitized, and used repeatedly over an extended
period of time; and
(3) safe for washing and sanitizing according to
applicable regulations.
"Single-use plastic disposable foodware" means any
disposable foodware item, including, but not limited to, all
of the following: stirrers, napkins, and utensils; condiment
cups and packets; cup sleeves, tops, lids, and spill plugs;

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and other similar accessory or accompanying disposable
foodware items used as part of food or beverage service or
packaging.
"Takeout food" means prepared food that is purchased to be
consumed off the licensed premises of a food dispensing
establishment. "Takeout food" includes, but is not limited to,
prepared food carried out by a customer or delivered by a food
dispensing establishment or a takeout food delivery service.
"Takeout food delivery service" means a third-party
delivery service that picks up takeout food from a food
dispensing establishment and delivers it to a customer for
consumption off of the licensed premises.
(b) 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. Plastic drinking straws must be
provided when specifically requested.
(c) Single-use plastic disposable foodware items provided
when requested by customers may not be packaged in plastic.
(d) A food dispensing establishment or takeout food
delivery service must provide options for a customer to
affirmatively request accessory disposable foodware items
separate from the customer's order for a food or beverage
across all ordering or point of sale platforms, including, but
not limited to, the Internet, a smartphone application, other
digital platforms, by telephone, and in person.

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(e) A full-service restaurant or quick-service restaurant
offering condiments may use dispensers rather than prepackaged
disposable condiment packets.
(f) A full-service restaurant or quick-service restaurant
must post a sign indicating that single-use plastic disposable
foodware will be made available to the customer upon request
or at a self serve station.
(g) Nothing in this Section prohibits a full-service
restaurant or quick-service restaurant from making single-use
plastic straws available to customers ordering or purchasing
dine-in food by making available cylinders, dispensers,
containers, or any other means of allowing for single-use
plastic straws to be obtained at the affirmative volition of
the customer if a sign is posted encouraging the customer to
reduce the use of single-use plastics.
(h) The first violation of this Section shall result in a
notice of violation, and any subsequent violation shall be
punishable by a civil penalty of $25 for each day a
full-service restaurant or quick-service restaurant is in
violation of this Section. All civil penalties collected under
this Section shall be paid to the Department.
Section 99. Effective date. This Act takes effect January
1, 2026.