Illinois General Assembly - Full Text of SB2211
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Full Text of SB2211  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Mary Edly-Allen


415 ILCS 15/14 new

    Amends the Solid Waste Planning and Recycling Act. Provides that, beginning 18 months after the amendatory Act's effective date, (1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer and (2) no grocery store shall provide or sell a single-use paper carryout bag to a customer. Preempts home rule. Contains other provisions. Effective immediately.

LRB103 27479 CPF 53851 b





SB2211LRB103 27479 CPF 53851 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 Solid Waste Planning and Recycling Act is
5amended by adding Section 14 as follows:
6    (415 ILCS 15/14 new)
7    Sec. 14. Plastic bag reduction.
8    (a) In this Section:
9    "Carryout bag" means a bag that is provided by a store or
10food service business to a customer for the purpose of
11transporting groceries, prepared foods, or retail goods.
12"Carryout bag" does not include:
13        (1) a bag used solely to contain or wrap uncooked
14    meat, fish, or poultry;
15        (2) a bag used solely to package loose items such as
16    fruits, vegetables, nuts, coffee, grains, baked goods,
17    candy, greeting cards, flowers, or small hardware items;
18        (3) a bag used solely to contain live animals, such as
19    fish or insects, sold in a pet store;
20        (4) a bag used solely to contain food that is sliced or
21    prepared to order, including, but not limited to, soup or
22    hot food;
23        (5) a laundry, dry cleaning, or garment bag;



SB2211- 2 -LRB103 27479 CPF 53851 b

1        (6) a bag provided by a pharmacy to carry prescription
2    drugs;
3        (7) a newspaper bag; and
4        (8) any bag similar to those listed above, as
5    determined by the Agency by rule, regulation, or guidance.
6    "Food service business" means a business that sells or
7provides food for consumption on or off the business'
8premises. "Food service business" includes, but is not limited
9to, any restaurant, cafe, delicatessen, coffee shop,
10convenience store, grocery store, vending truck or cart, food
11truck, movie theater, business cafeteria, or institutional
12cafeteria such as those operated by or on behalf of a
13governmental entity.
14    "Grocery store" means a self-service retail establishment
15that occupies at least 2,500 square feet and that sells
16household foodstuffs for off-site consumption, including, but
17not limited to, fresh produce, meat, poultry, fish, deli
18products, dairy products, canned foods, dry foods, beverages,
19baked foods, and prepared foods. "Grocery store" does not
20include an establishment that handles only prepackaged food
21that does not require time or temperature controls for food
23    "Hemp product" means a finished product with a delta-9
24tetrahydrocannabinol concentration of not more than 0.3% that
25is derived from or made by processing a hemp plant or hemp
26plant part and prepared in a form that is available for



SB2211- 3 -LRB103 27479 CPF 53851 b

1commercial sale.
2    "Plastic" means a synthetic material made from linking
3monomers through a chemical reaction to create an organic
4polymer chain that can be molded or extruded at high heat into
5various solid forms and retain their defined shapes during
6their life cycle and after disposal.
7    "Reusable carryout bag" means a carryout bag that:
8        (1) is made of polypropylene, PET nonwoven fabric,
9    nylon, cloth, a hemp product, or another machine-washable
10    fabric;
11        (2) has stitched handles; and
12        (3) is designed and manufactured for multiple reuses.
13    "Single-use paper carryout bag" means a carryout bag made
14of paper that is not a reusable carryout bag.
15    "Single-use plastic carryout bag" means a carryout bag
16made of plastic that is not a reusable carryout bag.
17    "Store" means a grocery store, convenience store, liquor
18store, pharmacy, drug store, or other retail establishment.
19    (b) Beginning 18 months after the effective date of this
20amendatory Act of the 103rd General Assembly:
21        (1) no store or food service business shall provide or
22    sell a single-use plastic carryout bag to a customer; and
23        (2) no grocery store shall provide or sell a
24    single-use paper carryout bag to a customer.
25    (c) The regulation of single-use plastic carryout bags and
26single-use paper carryout bags is an exclusive power and



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1function of the State. A home rule unit may not regulate
2single-use plastic carryout bags or single-use paper carryout
3bags. This Section is a denial and limitation of home rule
4powers and functions under subsection (h) of Section 6 of
5Article VII of the Illinois Constitution.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.