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| Public Act 103-0524 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||
amended by changing Section 3.15 as follows:
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(410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15)
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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 provided further that the | ||||
take-home containers, including bags, cups, and lids, are | ||||
maintained clean, sanitary, and free from debris, smooth, | ||||
durable, and easy-to-clean, and are not capable of causing, | ||||
through cleanliness or design, conditions that may cause or | ||||
spread disease provided for consumer use are cleaned, stored, | ||||
and dispensed in a sanitary manner.
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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-to-eat or dry bulk foods. | ||||
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 may regulate but 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 | ||
or (2) the ability of a restaurant or retailer to fill or | ||
refill a consumer-owned container with ready-to-eat or dry | ||
bulk foods and the personal containers used are clean and | ||
sanitary. | ||
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 (i) | ||
an employee of the restaurant or retailer or (ii) 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 clean and 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 local health | ||
department or municipality 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, 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. The | ||
Department of Public Health may adopt administrative rules | ||
necessary to implement, interpret, and administer the | ||
provisions of this Section. | ||
(Source: P.A. 101-510, eff. 1-1-20.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||