Illinois General Assembly - Full Text of HB3490
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Full Text of HB3490  102nd General Assembly

HB3490 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3490

 

Introduced 2/22/2021, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 620/21.5 new

    Amends the Food, Drug and Cosmetic Act. Provides that, notwithstanding any other provision of law, a restaurant shall, by default, include a specified type of water, milk, milk alternative, or juice with a children's meal sold by the restaurant. Provides that a restaurant may include another beverage with a children's meal upon request. Provides that, 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 these provisions. Provides that restaurants that violate the provisions are subject to a warning and specified civil penalties. Allows the Department of Public Health to adopt any rules it deems necessary for the implementation, administration, and enforcement.


LRB102 11653 CPF 21530 b

 

 

A BILL FOR

 

HB3490LRB102 11653 CPF 21530 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by adding Section 21.5 as follows:
 
6    (410 ILCS 620/21.5 new)
7    Sec. 21.5. Default beverage for children's meals.
8    (a) In this Section:
9    "Children's meal" means a combination of food items sold
10for a single price intended for consumption by children.
11    "Default beverage" means a beverage automatically included
12as part of a children's meal absent a specific request by the
13purchaser of the children's meal for an alternative beverage.
14    "Restaurant" has the same meaning provided in Section 21.4
15of this Act.
16    (b) Notwithstanding any other provision of law, a
17restaurant shall, by default, include one of the following
18default beverages with a children's meal sold by the
19restaurant:
20        (1) water;
21        (2) sparkling water;
22        (3) flavored water with no added natural or artificial
23    sweeteners;

 

 

HB3490- 2 -LRB102 11653 CPF 21530 b

1        (4) nonfat or 1% milk with no added natural or
2    artificial sweeteners;
3        (5) nondairy milk alternatives:
4            (A) with no added natural or artificial
5        sweeteners;
6            (B) containing no more than 130 calories per
7        container or serving as offered for sale; and
8            (C) meeting the standards for the National School
9        Lunch Program as set forth in 7 CFR 210.10; or
10        (6) 100% fruit or vegetable juice or juice combined
11    with water or carbonated water, with no added sweeteners,
12    in a serving size of no more than 8 ounces.
13    (c) A restaurant may include a beverage with a children's
14meal that is not listed under subsection (b) upon request.
15    (d) A beverage listed or displayed on a restaurant menu or
16advertisement for a children's meal shall be one of the
17default beverages listed in subsection (b).
18    (e) During any inspection of a restaurant by a health
19officer or health inspector of a local health department, the
20health officer or health inspector shall inspect the
21restaurant to determine whether it complies with this Section.
22    (f) A restaurant that violates this Section is subject to:
23        (1) a warning for a first offense;
24        (2) a civil penalty of $25 for a second offense; and
25        (3) a civil penalty of $100 for a third or subsequent
26    offense.

 

 

HB3490- 3 -LRB102 11653 CPF 21530 b

1    A local public health director, or his or her designee,
2may charge and collect the civil penalties under this
3subsection.
4    (g) The Department of Public Health may adopt any rules it
5deems necessary for the implementation, administration, and
6enforcement of this Section.