HB2086 103RD GENERAL ASSEMBLY

LRB103 25568 CPF 51917 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2086

Introduced 2/7/2023, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

410 ILCS 620/3.15

from Ch. 56 1/2, par. 503.15

Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.

A BILL FOR

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 3.15 as follows:

(410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)

Sec. 3.15. To offer for sale any bulk food in a manner other than to prevent direct handling of such items by the consumer. This Section shall not prohibit self-service by consumers provided that the dispensers utilized prevent the direct handling of such foods and that take-home containers, including bags, cups, and lids, provided for consumer use are cleaned, stored, and dispensed in a sanitary manner.

A restaurant or retailer may allow a consumer to fill or refill a consumer-owned personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. A restaurant or retailer may fill or refill a consumer-owned container with ready-made food. Consumer-owned Personal containers used for this purpose shall be clean and sanitary.

Except as provided under Part 750 of Title 77 of the Illinois Administrative Code, county health departments and municipalities shall not prohibit (1) the ability of a retailer to allow a consumer to fill or refill a consumer-owned personal container with bulk food if the dispensers used prevent the direct handling of the bulk food and the consumer-owned personal containers used are clean and sanitary or (2) the ability of a restaurant or retailer to fill or refill a consumer-owned container with ready-made food.

Clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling may be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container.

A consumer-owned container that is filled or refilled under this Section shall be designed and constructed for reuse in accordance with Section 3-304.17(B)(1) of the 2017 Food Code published by the U.S. Food and Drug Administration. Consumer-owned containers that are not food-specific may be filled or refilled at a beverage vending machine or system.

A restaurant or retailer shall:

(1) either isolate the consumer-owned container from the serving surface or sanitize the serving surface after each filling or refilling, except for bulk food if the dispensers used prevent the direct handling of the bulk food;

(2) prepare, maintain, and adhere to written procedures to prevent cross-contamination and make the written procedures available to the Department of Public Health upon request or at the time of an inspection; and

(3) ensure compliance with any handwashing requirements.

On or before January 1, 2024, the Department of Public Health shall produce materials for restaurants and retailers, to be made available electronically or in print format, indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers, including, but not limited to, sanitation practices, procedures to prevent cross-contamination, and handwashing requirements.

(Source: P.A. 101-510, eff. 1-1-20.)

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