Full Text of HB3490 102nd General Assembly
HB3490 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/22/2021, by Rep. Elizabeth Hernandez
SYNOPSIS AS INTRODUCED:
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.
A BILL FOR
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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 adding Section 21.5 as follows:
(410 ILCS 620/21.5 new)
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
(2) sparkling water;
(3) flavored water with no added natural or artificial
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(4) nonfat or 1% milk with no
added natural or
(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 the
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.
(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
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A local public
health director, or his or her designee,
may charge and collect the civil penalties under this
(g) The Department of Public Health may adopt any rules it
deems necessary for the implementation, administration, and
enforcement of this Section.