HB3490 EngrossedLRB102 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
20        (1) water with no added natural or artificial
21    sweeteners;
22        (2) sparkling water with no added natural or
23    artificial sweeteners;



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



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1        (3) a civil penalty of $100 for a third or subsequent
2    offense.
3    A local public health director, or his or her designee,
4may charge and collect the civil penalties under this
6    (g) The Department of Public Health may adopt any rules it
7deems necessary for the implementation, administration, and
8enforcement of this Section.