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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 21.5 as follows:
(410 ILCS 620/21.5)
(This Section may contain text from a Public Act with a
delayed effective date
Default beverage for children's meals.
(a) In this Section:
"Children's meal" means a combination of food items sold
for a single price intended for consumption by children.
"Default beverage" means a beverage automatically included
as part of a children's meal absent a specific
request by the
purchaser of the children's meal for an alternative beverage.
"Restaurant" has the same meaning provided in Section 21.4
of this Act.
(b) Notwithstanding any other provision of law, a
restaurant shall, by default, include one of the following
default beverages with a children's meal sold by the
(1) water with no added natural or artificial
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(2) sparkling water with no added natural or
(3) flavored water with no added natural or artificial
(4) nonfat or 1%
containing no more than
130 calories per container or serving as offered for sale
added natural or artificial sweeteners
(5) nondairy milk alternatives:
(A) with no added
natural or artificial
(B) containing no more than 130
container or serving as
offered for sale; and
(C) meeting the standards for the National School
Lunch Program as set forth in 7 CFR 210.10; or
(6) 100% fruit or vegetable juice or juice combined
with water or carbonated water, with no added sweeteners,
in a serving size of no more than 8 ounces.
(c) A restaurant may include a beverage with a children's
meal that is not listed under subsection (b) upon request.
(d) A beverage listed or displayed on a restaurant menu or
advertisement for a children's meal shall be one of
beverages listed in subsection (b).
(e) During any inspection of a restaurant by a health
officer or health inspector of a local health department, the
health officer or health inspector shall inspect the
restaurant to determine whether it complies with this Section.
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(f) A restaurant that violates this Section is subject to:
(1) a warning for a first offense;
(2) a civil penalty of
$25 for a second offense; and
(3) a civil penalty of $100 for a third or subsequent
An executive officer of a certified
, or his or her designee, may charge and
collect the civil penalties under this subsection.
(g) The Department of Public Health may adopt any rules it
deems necessary for the implementation, administration, and
enforcement of this Section.
(Source: P.A. 102-529, eff. 1-1-22.)
No acceleration or delay.
Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
This Act takes effect upon