Public Act 102-0529
 
SB1846 EnrolledLRB102 11654 CPF 21532 b


  
    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 adding Section 21.5 as follows:
 
    (410 ILCS 620/21.5 new)
    Sec. 21.5. Default beverage for children's meals.
    (a) In this Section:
    "Children's meal" means a combination of food items sold 
for a single price intended for consumption by children.
    "Default beverage" means a beverage automatically included 
as part of a children's meal absent a specific
request by the 
purchaser of the children's meal for an alternative beverage.
    "Restaurant" has the same meaning provided in Section 21.4 
of this Act. 
    (b) Notwithstanding any other provision of law, a 
restaurant shall, by default, include one of the following 
default beverages with a children's meal sold by the 
restaurant:
        (1) water with no added natural or artificial 
    sweeteners;
        (2) sparkling water with no added natural or 
    artificial sweeteners;
        (3) flavored water with no added natural or artificial 
    sweeteners;
        (4) nonfat or 1% milk with no
added natural or 
    artificial sweeteners;
        (5) nondairy milk alternatives:
            (A) with no added
natural or artificial 
        sweeteners;
            (B) containing no more than 130
calories per 
        container or serving as
offered for sale; and
            (C) meeting the standards for the National School

        Lunch Program as set forth in 7 CFR 210.10; or
        (6) 100% fruit or vegetable juice or juice combined 
    with water or carbonated water, with no added sweeteners, 
    in a serving size of no more than 8 ounces. 
    (c) A restaurant may include a beverage with a children's 
meal that is not listed under subsection (b) upon request.
    (d) A beverage listed or displayed on a restaurant menu or 
advertisement for a children's meal shall be one of the 
default
beverages listed in subsection (b).
    (e) During any inspection of a restaurant by a health 
officer or health inspector of a local health department, the 
health officer or health inspector shall inspect the 
restaurant to determine whether it complies with this Section.
    (f) A restaurant that violates this Section is subject to:
        (1) a warning for a first offense;
        (2) a civil penalty of
$25 for a second offense; and
        (3) a civil penalty of $100 for a third or subsequent 
    offense.
    A local public
health director, or his or her designee, 
may charge and collect the civil penalties under this 
subsection.
    (g) The Department of Public Health may adopt any rules it 
deems necessary for the implementation, administration, and

enforcement of this Section.