Bill Text: IL SB3424 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 5 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for the administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain plastic metal beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs, and 25% to each distributor in proportion to the amount of beverage containers each distributor sold in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. 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. Contains other specified requirements for full service or quick service restaurants and provides civil penalties for any violations. Effective July 1, 2021.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3424 Detail]

Download: Illinois-2019-SB3424-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3424 Introduced 2/13/2020, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
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Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 5 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for the administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain plastic metal beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs, and 25% to each distributor in proportion to the amount of beverage containers each distributor sold in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. 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. Contains other specified requirements for full service or quick service restaurants and provides civil penalties for any violations. Effective July 1, 2021.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
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 1. Short title. This Act may be cited as the
Illinois Container Fee and Deposit Act.
Section 5. Definitions. As used in this Act, the following
terms shall have the meanings indicated, unless the context
otherwise requires:
"Agency" means the Illinois Environmental Protection
Agency.
"Beverage" means (i) wine, alcoholic liquor, or beer as
defined in the Liquor Control Act of 1934 or (ii) mineral
water, tea, coffee, soda water, or similar carbonated soft
drinks, bottled water, juice, or other drinks in liquid form
intended for human consumption and excluding products that are
primarily derived from dairy.
"Beverage container" means any glass, plastic, aluminum,
or other metal can, bottle, jar, or carton, in which the
bottler or the manufacturer has sealed the contents.
"Consumer" means a person who purchases or acquires a
beverage in a beverage container for the use of its contents.
"Dealer" means a person who sells or offers for sale to
consumers within this State a beverage in a beverage container,

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including an operator of a vending machine containing a
beverage in a beverage container.
"Dealer agent" means a person who solicits or picks up
empty beverage containers from a dealer for the purpose of
returning the empty beverage containers to the distributor or
the manufacturer.
"Director" means the Director of the Illinois
Environmental Protection Agency.
"Distributor" means a person who engages in the sale of
beverages in beverage containers to a dealer in the State,
including a manufacturer who engages in those sales.
"Geographic territory" means the geographical area within
a perimeter formed by the outermost boundaries of the area
served by a distributor.
"Illinois Container Fee and Deposit Fund" means a fund
created for the deposit and disbursement of all deposit and
redemption center fee moneys generated through the
administration of this Act.
"Manufacturer" means a person who bottles, cans, or
otherwise fills beverage containers for sale to distributors or
dealers.
"Nonrefillable beverage container" means a beverage
container that, after being used by a consumer, is not intended
to be refilled for sale by a manufacturer.
"Redemption center" means a business at which consumers may
return empty beverage containers and receive payment for the

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refund value of the empty beverage containers.
Section 10. The Illinois Container Fee and Deposit Fund.
The Illinois Container Fee and Deposit Fund is created as a
special Fund in the State treasury. All moneys retrieved
through the administration of this Act shall be deposited into
the Fund and administered by the Agency. Distributors shall
submit via deposit to the Fund the deposit and redemption
center fee moneys from the beverage containers they sell in
this State. The Fund shall then be used to distribute these
moneys to redemption centers in accordance with the rules
adopted for administration of this Act.
Section 15. Deposit values.
(a) A deposit value of 5 cents shall be paid by the
consumer on each beverage container sold in the State by a
dealer for consumption. Upon the return to a dealer or person
operating a redemption center of the empty beverage container
upon which a deposit has been paid and the acceptance of the
empty beverage container by the dealer or the person operating
the redemption center, the dealer or redemption center must
refund the value of the deposit to the consumer.
(b) In addition to the deposit refund provided in
subsection (a), a dealer, dealer agent, or person operating a
redemption center who redeems empty beverage containers shall
be reimbursed by any distributor required to accept the empty

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beverage containers a value of 2-cents per container (the
"redemption center fee"). A dealer, dealer agent, or person
operating a redemption center may compact empty metal beverage
containers with the approval of the distributor required to
accept the containers.
Section 20. Payment of deposit value; notice to consumers.
Except as provided in Section 25:
(1) A dealer may not refuse to accept from a consumer
any empty beverage container of the kind, size, or brand
sold by the dealer or refuse to pay to the consumer the
deposit value of the beverage container as stated in
Section 15, provided that the beverage container is
returned to the dealer in an empty, unbroken, and
reasonably clean state.
(2) A dealer must place a sign or shelf label in close
proximity to any sales display of beverage containers to
inform consumers that containers are returnable. The sign
or label shall indicate the value of the deposit required
for each beverage container and that containers are
returnable.
(3) An operator of a vending machine that sells
containers shall post a conspicuous notice on the vending
machine indicating that a deposit refund is available on
each container purchased and indicating where and from whom
that refund may be obtained. This Section does not require

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vending machine operators to provide refunds at the
premises where the vending machine is located.
(4) A dealer may limit the total number of beverage
containers that he or she will accept from one consumer on
any business day to 100 containers. The dealer may refuse
to accept containers for a period of not more than 3 hours
during any business day, provided that the hours during
which containers will not be accepted are conspicuously
posted.
(5) A distributor shall accept and pick up all empty
beverage containers of the kind, size, or brand sold by the
distributor from all dealers served by the distributor and
from all redemption centers. If the distributor delivers
the beverage product less frequently than weekly, then the
distributor shall accept and pick up any empty beverage
container of the kind, size, or brand sold by the
distributor at the time of that delivery. The distributor
shall pay to the dealer or the redemption center the
deposit refund value of the beverage container and the
redemption center fee as provided under Section 15 of this
Act either within one week following the pickup of the
containers or when the dealer or redemption center normally
pays the distributor for the deposit on beverage products
purchased from the distributor if less frequently than
weekly. A distributor, employee, or agent of a distributor
is not in violation of this paragraph if a redemption

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center is closed when the distributor attempts to make a
regular delivery or a regular pickup of empty beverage
containers.
(6) A distributor shall accept from a dealer agent any
empty beverage container of the kind, size, or brand sold
by the distributor that was picked up by the dealer agent
from a dealer within the geographic territory served by the
distributor. The distributor shall pay the dealer agent the
deposit value of the empty beverage container and the
redemption center fee as provided in Section 15.
(7) The Agency shall adopt rules regulating the
recycling and disposal of empty beverage containers. The
rules shall give priority to the recycling of empty
beverage containers to the extent possible.
Section 25. Refusal to accept containers.
(a) A dealer, redemption center, distributor, or
manufacturer may refuse to accept any empty beverage container
that does not have stated on it a deposit value as provided
under Section 30.
(b) A dealer may refuse to accept any type of container
that the dealer has not sold within the past 60 days.
(c) A dealer may refuse to accept and to pay the refund
value of any empty beverage container if the place of business
of the dealer and the kind and brand of empty beverage
containers are included in an order of the Agency approving a

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redemption center under Section 35.
(d) An owner or operator of an establishment who sells
beverages for consumption only on the premises may refuse to
accept and to pay the refund value on an empty alcoholic liquor
container except from a consumer who has purchased and consumed
the beverage at that establishment.
(e) A manufacturer or distributor may refuse to accept and
to pay the refund value and reimbursement as provided in
Section 25 on any empty beverage container that was picked up
by a dealer agent from a dealer outside the geographic
territory served by that manufacturer or distributor.
(f) A distributor may refuse to accept beverage containers
from any person who is not a dealer in a quantity of fewer than
300 containers of the type, size, or brand sold by the
distributor.
Section 30. Deposit value stated on container; exceptions.
(a) Each beverage container sold or offered for sale in
this State by a dealer shall clearly indicate by embossing or
by a stamp, label, or other method securely affixed to the
container the refund value of that container. The Agency shall
specify, by rule, the minimum size of the deposit value
indication on the beverage containers.
(b) A distributor shall not import into this State after
January 1, 2020 a beverage container that does not have the
deposit value indication securely affixed to the container.

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(c) A person may not bring beverage containers into this
State after January 1, 2020 that do not have the deposit value
indication securely affixed unless for each occurrence:
(1) For beverage containers containing alcoholic
liquor as defined in the Liquor Control Act of 1934, the
total capacity of the container is not more than one quart
or, in the case of alcoholic liquor personally obtained
outside the United States, one gallon.
(2) For beverage containers containing beer as defined
in the Liquor Control Act of 1934, the total capacity of
the container is not more than 288 fluid ounces.
(3) For all other beverage containers, the total
capacity of the container is not more than 565 fluid
ounces.
(d) The provisions of subsections (a), (b), and (c) do not
apply to a refillable glass beverage container that has a brand
name permanently marked on it and that has a deposit value of
greater than 5 cents, to any other refillable beverage
container that has a deposit value of not less than 5 cents and
that is exempted by the Director under rules adopted by the
Agency, or to a beverage container sold aboard a commercial
airliner or passenger train for consumption on the premises.
Section 35. Redemption centers.
(a) To facilitate the return of empty beverage containers
and to serve dealers of beverages, any person may establish a

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redemption center, subject to the approval of the Agency, at
which consumers may return empty beverage containers and
receive payment of the stated deposit value.
(b) An application for approval of a redemption center
shall be filed with the Agency. The application shall state the
name and address of the person responsible for the
establishment and operation of the redemption center, the kind
and brand names of the beverage containers that will be
accepted at the redemption center, and the names and addresses
of the dealers to be served by the redemption center. The
application shall contain any other information that the
Director may reasonably require.
(c) The Agency shall approve a redemption center if it
finds that the redemption center will provide a convenient
service to consumers for the return of empty beverage
containers. The order of the Agency approving a redemption
center shall state the dealers to be served by the redemption
center and the kind and brand names of empty beverage
containers that the redemption center must accept. The order
may contain such other provisions to ensure that the redemption
center will provide a convenient service to the public as the
Director may determine.
(d) The Agency may review the approval of any redemption
center at any time. After written notice to the person
responsible for the establishment and operation of the
redemption center, and to the dealers served by the redemption

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center, the Agency may, after hearing, withdraw approval of the
redemption center if the Agency finds there has not been
compliance with the Agency's order approving the redemption
center, or if the redemption center no longer provides a
convenient service to the public.
(e) All approved redemption centers shall meet applicable
health standards.
Section 40. Snap-top cans prohibited. No person shall sell
or offer for sale at retail in this State any metal beverage
container so designed and constructed that a part of the
container is detachable in opening the container.
Section 45. Rules. The Agency shall adopt, upon
recommendation of the Director, the rules necessary to carry
out the provisions of this Act, subject to the provisions of
the Illinois Administrative Procedure Act.
Section 50. Appeals. Any person aggrieved by an order of
the Agency relating to the approval or withdrawal of approval
for a redemption center may seek judicial review of such order
as provided in the Administrative Review Law.
Section 55. Penalties.
(a) A person violating the provisions of Sections 15, 20,
25, or 40 or a rule adopted pursuant to Section 45 of this Act

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is guilty of a Class C misdemeanor.
(b) A distributor who collects or attempts to collect a
deposit value on an empty beverage container when the
distributor has paid the deposit value on the container to a
dealer, redemption center, or consumer is guilty of a business
offense.
(c) Any person who does any of the following acts is guilty
of a business offense:
(1) Collects or attempts to collect the deposit value
on the container a second time, with the knowledge that the
deposit value has once been paid by the distributor to a
dealer, redemption center, or consumer.
(2) Manufactures, sells, possesses, or applies a false
or counterfeit label or indication to a beverage container
that shows or purports to show a deposit value for a
beverage container, with the intent to obtain a refund of
the deposit value for the false or counterfeit label or
indication.
(3) Collects or attempts to collect a deposit refund
value on a container with the use of a false or counterfeit
label or indication showing a deposit value, knowing the
label or indication to be false or counterfeit.
(d) As used in this Section, "false or counterfeit label or
indication" means a label or indication purporting to show a
valid deposit value that has not been initially applied as
authorized by a distributor.

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Section 60. Distributor agreements authorized. A
distributor may enter into a contract or agreement with any
other distributor, manufacturer, or person for the purpose of
collecting or paying the deposit value on or disposing of
beverage containers.
Section 65. Redemption of refused nonrefillable metal
beverage containers.
(a) If the deposit value indication required under Section
30 on an empty nonrefillable metal beverage container is
readable but the redemption of the container is lawfully
refused by a dealer or person operating a redemption center,
the container shall be accepted and the deposit value paid to a
consumer as provided in this Section. Each beer distributor
selling nonrefillable metal beverage containers in this State
shall provide individually or collectively by contract or
agreement with a dealer, redemption center, or another person,
at least one facility in the county seat of each county where
refused empty nonrefillable metal beverage containers having a
readable deposit value indication as required by this Act are
accepted and redeemed. In counties having a population of
100,000 or more, the number of the facilities provided shall be
one facility for every 100,000 population or a fractional part
of that population.
(b) A beer distributor violating this Section is guilty of

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a Class C misdemeanor.
Section 70. Plastic cans prohibited.
(a) Beginning on the effective date of this Act, a person
shall not manufacture, offer for sale, or sell any
single-serving beverage container that is a plastic can nor
offer for sale or sell any beverage packaged in a
single-serving plastic can. For the purposes of this Section,
"plastic can" means a beverage container that, in addition to
the closure mechanism, is composed of plastic and metal.
(b) A person violating this Section is guilty of a Class A
misdemeanor.
Section 75. Disposal at sanitary landfill prohibited.
Beginning one year after the effective date of this Act, the
final disposal of beverage containers by a dealer, distributor,
manufacturer, or a person operating a redemption center in a
sanitary landfill is prohibited. Beginning one year after the
effective date of this Act, the final disposal of beverage
containers used to contain alcoholic liquor, as defined in the
Liquor Control Act of 1934, by a dealer, distributor,
manufacturer, or redemption center in a sanitary landfill is
prohibited.
Section 80. Unclaimed deposits. All moneys deposited into
the Illinois Container Fee and Deposit Fund and not passed on

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to the consumer through bottle redemption shall be used by the
Agency to administer this Act, with excess funds to be
disbursed by the Agency in the following manner:
(1) 75% to environmental and conservation-related
programs, as determined by the Agency; and
(2) 25% to each distributor, proportionally determined
by the amount of beverage containers each distributor has
sold in this State during the previous complete period from
January 1 to December 30 after the effective date of this
Act.
Section 85. Local powers. Nothing in this Act is intended
to limit the municipal or county power granted in the Solid
Waste Planning and Recycling Act to establish or operate a
recycling or redemption center.
Section 90. 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 the microorganisms present in compost will consume the
material at the same rate they would natural materials.

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"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 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

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food, where food may be consumed on the premises and where all
of the following actions are taken by an employee of the
establishment:
(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
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 pickup from a vehicle.

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"Reusable foodware" means foodware, including, but not
limited to, plates, bowls, cups, trays, glasses, stirrers,
condiment cups, and utensils, 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:
stirrers, napkins, and utensils; condiment cups and packets;
cup sleeves, tops, lids, and spill plugs; 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

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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.
(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

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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, not to exceed $300 annually. All civil
penalties collected under this Section shall be paid to the
Department.
Section 900. The State Finance Act is amended by adding
Section 5.930 as follows:
(30 ILCS 105/5.930 new)
Sec. 5.930. The Illinois Container Fee and Deposit Fund.
Section 999. Effective date. This Act takes effect July 1,
2021.
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INDEX
Statutes amended in order of appearance