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Full Text of SB1597  100th General Assembly

SB1597 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1597

 

Introduced 2/9/2017, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Compostable Bags in Retail Establishments Act. Provides that no retail establishment in the State shall use or provide polyethylene or other non-compostable plastic film bags tinted green or brown for customers to bag products in stores, as carry out bags, or for home delivery. Provides that any film bags meeting the definition of compostable that retail establishments provide to customers for food or other products, such as vegetables bagged in stores prior to checkout, must be tinted green or brown and shall be clearly labeled "COMPOSTABLE", including language following the Federal Trade Commission's "Green Guides". Provides that no film bag that retail establishments provide to customers to bag products in stores, as carry out bags, or for home delivery 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. Defines "carry out bag", "compostable", and "retail establishment". Effective January 1, 2018.


LRB100 08906 MJP 19049 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1597LRB100 08906 MJP 19049 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Compostable Bags in Retail Establishments Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Carry out bag" means a bag that is provided by a retail
8establishment at the check stand, cash register, point of sale,
9or other point of departure to a customer for the purpose of
10transporting food or merchandise out of the establishment.
11"Carry out bag" does not include bags used by customers inside
12stores to package bulk items such as fruit, vegetables, nuts,
13grains, candy, greeting cards, or small hardware items, such as
14nails and bolts, or to contain or wrap frozen foods, meat or
15fish, whether prepackaged or not, or to contain or wrap flowers
16or potted plants, or other items where dampness may be a
17problem, or to contain unwrapped prepared foods or bakery
18goods, or to contain prescription drugs, or to safeguard public
19health and safety during the transportation of prepared
20take-out foods and prepared liquids intended for consumption
21away from the retail establishment; or newspaper bags,
22door-hanger bags, laundry-dry cleaning bags, or bags sold in
23packages containing multiple bags intended for use as garbage,

 

 

SB1597- 2 -LRB100 08906 MJP 19049 b

1pet waste, or yard waste bags.
2    "Compostable" means that the product completely breaks
3down into a stable product due to the action of microorganisms
4in a controlled, aerobic commercial process that results in a
5material safe and desirable as a soil amendment, meets the
6compost standards under 35 Ill. Adm. Code 830.503, has been
7found to degrade satisfactorily at the composting facility
8receiving the material, meets industry standard specification
9ASTM D6400, and has been certified as compostable by the
10Biodegradable Products Institute or a similar national or
11international certification authority.
12    "Retail establishment" means any person, corporation,
13partnership, business venture, public sports or entertainment
14facilities, government agency, street vendor or vendor at
15public events or festivals, or organizations that sell or
16provide merchandise, goods, or materials including, without
17limitation, clothing, food, beverages, household goods, or
18personal items of any kind directly to a customer. "Retail
19establishment" includes, but is not limited to, department
20stores, clothing stores, jewelry stores, grocery stores,
21pharmacies, home improvement stores, liquor stores,
22convenience stores, gas stations, restaurants, food vending
23trucks, farmers markets, and temporary vendors of food and
24merchandise at street fairs and festivals. "Retail
25establishment" does not include food banks and other food
26assistance programs.
 

 

 

SB1597- 3 -LRB100 08906 MJP 19049 b

1    Section 10. Compostable bags; retail establishments. No
2retail establishment in the State shall use or provide
3polyethylene or other non-compostable plastic film bags tinted
4green or brown for customers to bag products in stores, as
5carry out bags, or for home delivery. Any film bags meeting the
6definition of compostable that retail establishments provide
7to customers for food or other products, such as vegetables
8bagged in stores prior to checkout, must be tinted green or
9brown and shall be clearly labeled "COMPOSTABLE", including
10language following the Federal Trade Commission's "Green
11Guides". No film bag that retail establishments provide to
12customers to bag products in stores, as carry out bags, or for
13home delivery may be labeled with the term "biodegradable",
14"degradable", "decomposable", or any similar terms, or in any
15way imply that the product will break down, fragment,
16biodegrade, or decompose in a landfill or other environment.
 
17    Section 99. Effective date. This Act takes effect January
181, 2018.