Bill Text: IL SB2212 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2212 Detail]

Download: Illinois-2023-SB2212-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2212 Introduced 2/10/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
410 ILCS 620/3.15 from Ch. 56 1/2, par. 503.15
Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
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 changing Section 3.15 as follows:
(410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)
Sec. 3.15. To offer for sale any bulk food in a manner
other than to prevent direct handling of such items by the
consumer. This Section shall not prohibit self-service by
consumers provided that the dispensers utilized prevent the
direct handling of such foods and that take-home containers,
including bags, cups, and lids, provided for consumer use are
cleaned, stored, and dispensed in a sanitary manner.
A restaurant or retailer may allow a consumer to fill or
refill a consumer-owned personal container with bulk food if
the dispensers used prevent the direct handling of the bulk
food. A restaurant or retailer may fill or refill a
consumer-owned container with ready-made food. Consumer-owned
Personal containers used for this purpose shall be clean and
sanitary.
Except as provided under Part 750 of Title 77 of the
Illinois Administrative Code, county health departments and
municipalities shall not prohibit (1) the ability of a

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retailer to allow a consumer to fill or refill a
consumer-owned personal container with bulk food if the
dispensers used prevent the direct handling of the bulk food
and the consumer-owned personal containers used are clean and
sanitary or (2) the ability of a restaurant or retailer to fill
or refill a consumer-owned container with ready-made food.
Clean consumer-owned containers provided or returned to a
restaurant or retailer for filling or refilling may be filled
or refilled and returned to the same consumer if the
consumer-owned container is filled or refilled by either an
employee of the restaurant or retailer or the owner of the
consumer-owned container.
A consumer-owned container that is filled or refilled
under this Section shall be designed and constructed for reuse
in accordance with Section 3-304.17(B)(1) of the 2017 Food
Code published by the U.S. Food and Drug Administration.
Consumer-owned containers that are not food-specific may be
filled or refilled at a beverage vending machine or system.
A restaurant or retailer shall:
(1) either isolate the consumer-owned container from
the serving surface or sanitize the serving surface after
each filling or refilling, except for bulk food if the
dispensers used prevent the direct handling of the bulk
food;
(2) prepare, maintain, and adhere to written
procedures to prevent cross-contamination and make the

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written procedures available to the Department of Public
Health upon request or at the time of an inspection; and
(3) ensure compliance with any handwashing
requirements.
On or before January 1, 2024, the Department of Public
Health shall produce materials for restaurants and retailers,
to be made available electronically or in print format,
indicating that consumer-owned containers are not prohibited
for use under Illinois law and specifying best practices for
food safety requirements for consumer-owned containers,
including, but not limited to, sanitation practices,
procedures to prevent cross-contamination, and handwashing
requirements.
(Source: P.A. 101-510, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect upon
becoming law.