Public Act 102-0681
 
HB3490 EnrolledLRB102 11653 CPF 21530 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 changing Section 21.5 as follows:
 
    (410 ILCS 620/21.5)
    (This Section may contain text from a Public Act with a 
delayed effective date)
    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% dairy milk containing no more than 
    130 calories per container or serving as offered for sale 
    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 
in-store 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.
    An executive officer of a certified A local public
health 
department 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. 

(Source: P.A. 102-529, eff. 1-1-22.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.