HB2086 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2086

 

Introduced 2/7/2023, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 620/3.15  from Ch. 56 1/2, par. 503.15

    Amends the Illinois Food, Drug and Cosmetic Act. In provisions allowing the filling or refilling of personal containers with bulk food, refers to restaurants and retailers (rather than just retailers). Allows restaurants and retailers to fill or refill a consumer-owned container with ready-made food. Allows clean consumer-owned containers provided or returned to a restaurant or retailer for filling or refilling to be filled or refilled and returned to the same consumer if the consumer-owned container is filled or refilled by either an employee of the restaurant or retailer or the owner of the consumer-owned container. Requires filled or refilled consumer-owned containers to be designed and constructed for reuse in accordance with specified federal requirements. Contains requirements for restaurants and retailers. Directs the Department of Public Health to produce materials for restaurants and retailers on or before January 1, 2024 indicating that consumer-owned containers are not prohibited for use under Illinois law and specifying best practices for food safety requirements for consumer-owned containers. Effective immediately.


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A BILL FOR

 

HB2086LRB103 25568 CPF 51917 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 changing Section 3.15 as follows:
 
6    (410 ILCS 620/3.15)  (from Ch. 56 1/2, par. 503.15)
7    Sec. 3.15. To offer for sale any bulk food in a manner
8other than to prevent direct handling of such items by the
9consumer. This Section shall not prohibit self-service by
10consumers provided that the dispensers utilized prevent the
11direct handling of such foods and that take-home containers,
12including bags, cups, and lids, provided for consumer use are
13cleaned, stored, and dispensed in a sanitary manner.
14    A restaurant or retailer may allow a consumer to fill or
15refill a consumer-owned personal container with bulk food if
16the dispensers used prevent the direct handling of the bulk
17food. A restaurant or retailer may fill or refill a
18consumer-owned container with ready-made food. Consumer-owned
19Personal containers used for this purpose shall be clean and
20sanitary.
21    Except as provided under Part 750 of Title 77 of the
22Illinois Administrative Code, county health departments and
23municipalities shall not prohibit (1) the ability of a

 

 

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1retailer to allow a consumer to fill or refill a
2consumer-owned personal container with bulk food if the
3dispensers used prevent the direct handling of the bulk food
4and the consumer-owned personal containers used are clean and
5sanitary or (2) the ability of a restaurant or retailer to fill
6or refill a consumer-owned container with ready-made food.
7    Clean consumer-owned containers provided or returned to a
8restaurant or retailer for filling or refilling may be filled
9or refilled and returned to the same consumer if the
10consumer-owned container is filled or refilled by either an
11employee of the restaurant or retailer or the owner of the
12consumer-owned container.
13    A consumer-owned container that is filled or refilled
14under this Section shall be designed and constructed for reuse
15in accordance with Section 3-304.17(B)(1) of the 2017 Food
16Code published by the U.S. Food and Drug Administration.
17Consumer-owned containers that are not food-specific may be
18filled or refilled at a beverage vending machine or system.
19    A restaurant or retailer shall:
20        (1) either isolate the consumer-owned container from
21    the serving surface or sanitize the serving surface after
22    each filling or refilling, except for bulk food if the
23    dispensers used prevent the direct handling of the bulk
24    food;
25        (2) prepare, maintain, and adhere to written
26    procedures to prevent cross-contamination and make the

 

 

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1    written procedures available to the Department of Public
2    Health upon request or at the time of an inspection; and
3        (3) ensure compliance with any handwashing
4    requirements.
5    On or before January 1, 2024, the Department of Public
6Health shall produce materials for restaurants and retailers,
7to be made available electronically or in print format,
8indicating that consumer-owned containers are not prohibited
9for use under Illinois law and specifying best practices for
10food safety requirements for consumer-owned containers,
11including, but not limited to, sanitation practices,
12procedures to prevent cross-contamination, and handwashing
13requirements.
14(Source: P.A. 101-510, eff. 1-1-20.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.