103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3865
 
Introduced 2/17/2023, by Rep. Kevin John Olickal
 
SYNOPSIS AS INTRODUCED:
 

 
415 ILCS 5/52.11 new

     Amends the Environmental Protection Act. Provides that, beginning January 1, 2024, a store may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Provides that the prohibition regarding polystyrene foam food service containers  shall not apply to specified entities until one year after the amendatory Act's effective date. Effective immediately.
  


LRB103 29498 CPF 55893 b

 
 
A BILL FOR
 

  
HB3865LRB103 29498 CPF 55893 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) As used in this Section: 
9    "Disposable food service container" means serviceware 
10designed for one-time use. "Disposable food service container" 
11includes, but is not limited to, serviceware for takeout 
12foods, packaged meat, eggs, bakery products, and leftovers 
13from partially consumed meals. 
14    "Polystyrene foam" means blown polystyrene and expanded or 
15extruded foams using a styrene monomer. 
16    "Serviceware" means a container, bowl, plate, tray, 
17carton, cup, lid, or other item designed to be used for 
18prepared foods. 
19    "Store" means a retail establishment in the State, 
20including, but not limited to, a convenience store, 
21restaurant, grocery store, pharmacy, seasonal or temporary 
22business, farm stand, or other retail seller of goods to the 
23ultimate consumer for direct use or consumption and not for 
 
 
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1resale. 
2    (b) Beginning January 1, 2024, a store may not sell or 
3distribute in this State a disposable food service container 
4that is composed in whole or in part of polystyrene foam. 
5    (c) The prohibition under subsection (b) shall not apply 
6to the following entities until one year after the effective 
7date of this amendatory Act   of the 103rd General Assembly: 
8        (1) A food pantry.
9        (2) A soup kitchen.
10        (3) A not-for-profit corporation that provides food to 
11    needy individuals at no or nominal charge.
12        (4) A federal, State, or local government agency that 
13    provides food to needy individuals at no or nominal 
14    charge.
15        (5) A restaurant with an annual gross income under 
16    $500,000 per location as stated on the restaurant's income 
17    tax filing for the most recent tax year. 
 

18    Section 99. Effective date. This Act takes effect upon 
19becoming law.