103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2376
 
Introduced 2/14/2023, by Rep. Jennifer Gong-Gershowitz
 
SYNOPSIS AS INTRODUCED:
 

 
415 ILCS 5/52.11 new

     Amends the Environmental Protection Act. Defines terms. Provides that, beginning January 1, 2025, a retail establishment may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Exempts specified entities from the prohibition until one year after the amendatory Act's effective date. Effective immediately.
  


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A BILL FOR
 

  
HB2376LRB103 25377 CPF 53332 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 5. The Environmental Protection Act is amended  by 
5adding Section 52.11 as follows:
 
6    (415 ILCS 5/52.11 new)
7    Sec. 52.11. Disposable food service containers.
8    (a)   In this Section:
9    "Disposable food service container" means service ware 
10designed for one-time use. "Disposable food service container" 
11includes, but is not limited to, service ware for take-out 
12foods, bakery products, and leftovers from partially consumed 
13meals. "Disposable food service container" does not include 
14polystyrene foam coolers or ice chests that are used for the 
15processing or shipping of seafood or service ware that is used 
16to contain, transport, or otherwise package raw, uncooked, or 
17butchered meat, poultry, fish, or seafood.
18    "Polystyrene foam" means blown polystyrene and expanded or 
19extruded foams using a styrene monomer.
20    "Primarily engaged in the sale of ready-to-eat food for 
21immediate consumption" means that a retail establishment 
22derives at least 51% of its total sales, excluding the sale of 
23liquor, from the sale of ready-to-eat food for immediate 
 
 
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1consumption.
2    "Restaurant" means a retail establishment that is 
3primarily engaged in the sale of ready-to-eat food for 
4immediate consumption.
5    "Retail establishment" means a person or entity that is 
6engaged in the business of making sales at retail and that 
7generates occupation or use tax revenue.
8    "Service ware" means a container, bowl, plate, tray, 
9carton, cup, lid, or other item designed to contain, 
10transport, serve, or aid in the consumption of  food or 
11beverages.
12    (b)       Beginning January 1, 2024, a retail establishment may 
13not sell or distribute in this State a disposable food service 
14container that is composed in whole or in part of polystyrene 
15foam.
16    (c)       The prohibition under subsection (b) shall not apply 
17to the following entities, or to the sale of polystyrene foam 
18by a retail establishment to the following entities, until 
19January 1, 2025:
20        (1)   A food pantry.
21        (2)   A soup kitchen.
22        (3)   A not-for-profit corporation that provides food to 
23    needy individuals at no or nominal charge.
24        (4)   A federal, State, or local governmental agency 
25    that provides food to needy individuals at no or nominal 
26    charge.
 
 
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1        (5)   A restaurant with an annual gross income under 
2    $500,000 per location as stated on the restaurant's income 
3    tax filing for the most recent tax year.
 
 
4    Section 99. Effective date. This Act takes effect upon 
5becoming law.