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| 1 | AN ACT concerning safety.
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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 Environmental Protection Act is amended by | ||||||
| 5 | adding 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 | ||||||
| 10 | designed for one-time use. "Disposable food service container" | ||||||
| 11 | includes, but is not limited to, service ware for take-out | ||||||
| 12 | foods, bakery products, and leftovers from partially consumed | ||||||
| 13 | meals. "Disposable food service container" does not include | ||||||
| 14 | polystyrene foam coolers or ice chests that are used for the | ||||||
| 15 | processing or shipping of seafood or service ware that is used | ||||||
| 16 | to contain, transport, or otherwise package raw, uncooked, or | ||||||
| 17 | butchered meat, poultry, fish, or seafood. | ||||||
| 18 | "Polystyrene foam" means blown polystyrene and expanded or | ||||||
| 19 | extruded foams using a styrene monomer. | ||||||
| 20 | "Primarily engaged in the sale of ready-to-eat food for | ||||||
| 21 | immediate consumption" means that a retail establishment | ||||||
| 22 | derives at least 51% of its total sales, excluding the sale of | ||||||
| 23 | liquor, from the sale of ready-to-eat food for immediate | ||||||
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| 1 | consumption. | ||||||
| 2 | "Restaurant" means a retail establishment that is | ||||||
| 3 | primarily engaged in the sale of ready-to-eat food for | ||||||
| 4 | immediate consumption. | ||||||
| 5 | "Retail establishment" means a person or entity that is | ||||||
| 6 | engaged in the business of making sales at retail and that | ||||||
| 7 | generates occupation or use tax revenue. | ||||||
| 8 | "Service ware" means a container, bowl, plate, tray, | ||||||
| 9 | carton, cup, lid, or other item designed to contain, | ||||||
| 10 | transport, serve, or aid in the consumption of food or | ||||||
| 11 | beverages. | ||||||
| 12 | (b) Beginning January 1, 2024, a retail establishment may | ||||||
| 13 | not sell or distribute in this State a disposable food service | ||||||
| 14 | container that is composed in whole or in part of polystyrene | ||||||
| 15 | foam. | ||||||
| 16 | (c) The prohibition under subsection (b) shall not apply | ||||||
| 17 | to the following entities, or to the sale of polystyrene foam | ||||||
| 18 | by a retail establishment to the following entities, until | ||||||
| 19 | January 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.
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| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.
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