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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Food, Drug and Cosmetic Act is |
| 5 | | amended by adding Section 21.5 as follows:
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| 6 | | (410 ILCS 620/21.5 new) |
| 7 | | Sec. 21.5. Default beverage for children's meals. |
| 8 | | (a) In this Section: |
| 9 | | "Children's meal" means a combination of food items sold |
| 10 | | for a single price intended for consumption by children. |
| 11 | | "Default beverage" means a beverage automatically included |
| 12 | | as part of a children's meal absent a specific
request by the |
| 13 | | purchaser of the children's meal for an alternative beverage. |
| 14 | | "Restaurant" has the same meaning provided in Section 21.4 |
| 15 | | of this Act. |
| 16 | | (b) Notwithstanding any other provision of law, a |
| 17 | | restaurant shall, by default, include one of the following |
| 18 | | default beverages with a children's meal sold by the |
| 19 | | restaurant: |
| 20 | | (1) water with no added natural or artificial |
| 21 | | sweeteners; |
| 22 | | (2) sparkling water with no added natural or |
| 23 | | artificial sweeteners; |
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| 1 | | (3) flavored water with no added natural or artificial |
| 2 | | sweeteners; |
| 3 | | (4) nonfat or 1% milk with no
added natural or |
| 4 | | artificial sweeteners; |
| 5 | | (5) nondairy milk alternatives: |
| 6 | | (A) with no added
natural or artificial |
| 7 | | sweeteners; |
| 8 | | (B) containing no more than 130
calories per |
| 9 | | container or serving as
offered for sale; and |
| 10 | | (C) meeting the standards for the National School
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| 11 | | Lunch Program as set forth in 7 CFR 210.10; or |
| 12 | | (6) 100% fruit or vegetable juice or juice combined |
| 13 | | with water or carbonated water, with no added sweeteners, |
| 14 | | in a serving size of no more than 8 ounces. |
| 15 | | (c) A restaurant may include a beverage with a children's |
| 16 | | meal that is not listed under subsection (b) upon request. |
| 17 | | (d) A beverage listed or displayed on a restaurant menu or |
| 18 | | advertisement for a children's meal shall be one of the |
| 19 | | default
beverages listed in subsection (b). |
| 20 | | (e) During any inspection of a restaurant by a health |
| 21 | | officer or health inspector of a local health department, the |
| 22 | | health officer or health inspector shall inspect the |
| 23 | | restaurant to determine whether it complies with this Section. |
| 24 | | (f) A restaurant that violates this Section is subject to: |
| 25 | | (1) a warning for a first offense; |
| 26 | | (2) a civil penalty of
$25 for a second offense; and |
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| 1 | | (3) a civil penalty of $100 for a third or subsequent |
| 2 | | offense. |
| 3 | | A local public
health director, or his or her designee, |
| 4 | | may charge and collect the civil penalties under this |
| 5 | | subsection. |
| 6 | | (g) The Department of Public Health may adopt any rules it |
| 7 | | deems necessary for the implementation, administration, and
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| 8 | | enforcement of this Section.
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