HB1600 104TH GENERAL ASSEMBLY

LRB104 06168 BDA 16202 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1600

Introduced 1/28/2025, by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:

410 ILCS 620/16.10 new

Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full-service restaurant or quick-service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer and that plastic drinking straws must be provided when specifically requested. Provides that single-use plastic disposable foodware items that are provided may not be packaged in plastic. Provides that a food dispensing establishment or takeout food delivery service must provide options for a customer to request disposable foodware items separate from the customer's order, with certain requirements. Provides that a full-service restaurant or quick-service restaurant offering condiments may use dispensers rather than prepackaged disposable condiment packets. Provides that a full-service restaurant or quick-service restaurant must post a sign indicating that single-use plastic disposable foodware will be made available upon request or at a self serve station. Provides that a full-service restaurant or quick-service restaurant may make single-use plastic straws available to customers ordering or purchasing dine-in food by making available dispensers or certain other means if a sign is posted encouraging the reduction of the use single-use plastics. Provides for a civil penalty of $25, after a first notice of violation, for each day a full-service restaurant or quick-service restaurant is in violation, paid to the Department of Public Health. Defines terms. Effective January 1, 2026.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Food, Drug and Cosmetic Act is amended by adding Section 16.10 as follows:

(410 ILCS 620/16.10 new)

Sec. 16.10. Single-use plastic disposable foodware.

(a) In this Section:

"Compostable material" means products or materials that will completely break down into organic matter within 180 days and will be consumed by microorganisms present in the compost at the same rate as natural materials.

"Department" means the Department of Public Health.

"Dine-in" means food and beverages that are intended to be consumed on the premises of a full-service restaurant or quick-service restaurant.

"Disposable cup" means a beverage cup designed for a single use to serve beverages, including, but not limited to, water, cold drinks, hot drinks, and alcoholic beverages.

"Disposable foodware" means containers, bowls, plates, trays, cartons, cups, lids, forks, spoons, knives, napkins, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals prepared by a food dispensing establishment. "Disposable foodware" does not include items composed entirely of aluminum.

"Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by multiple techniques, including, but not limited to, fusion of polymer spheres, expanded bead polystyrene, injection molding, foam molding, extrusion-blow molding, and extruded foam polystyrene.

"Expanded polystyrene food service products" means food containers, plates, hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products made of expanded polystyrene and used for selling or providing food.

"Full-service restaurant" means a food dispensing establishment with the primary business purpose of serving food, where food may be consumed on the premises and where :

(1) A consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer's need for accommodation or other request.

(2) A consumer's food and beverage orders are taken after the consumer has been seated at the assigned seating area.

(3) Food and beverage orders are delivered directly to the consumer.

(4) Any requested items associated with a consumer's food or beverage order are brought to the consumer.

(5) The check is delivered directly to the consumer at the assigned eating area.

"Prepared food" means foods or beverages that are prepared and served by a food dispensing establishment on the licensed premises by cooking, chopping, slicing, mixing, freezing, squeezing, or other processing and which require no further preparation for human consumption. "Prepared food" does not include raw, uncooked whole fruits or vegetables that are not chopped, squeezed, or mixed, or raw uncooked meat products.

"Quick-service restaurant" means a food dispensing establishment that has minimal table service and makes food available upon order and pick up from a vehicle.

"Reusable foodware" means plates, bowls, cups, trays, glasses, stirrers, condiment cups, utensils, and other foodware that is:

(1) manufactured from durable materials;

(2) specifically designed and manufactured to be washed, sanitized, and used repeatedly over an extended period of time; and

(3) safe for washing and sanitizing according to applicable regulations.

"Single-use plastic disposable foodware" means any disposable foodware item, including, but not limited to, all of the following: stirrers, napkins, and utensils; condiment cups and packets; cup sleeves, tops, lids, and spill plugs; and other similar accessory or accompanying disposable foodware items used as part of food or beverage service or packaging.

"Takeout food" means prepared food that is purchased to be consumed off the licensed premises of a food dispensing establishment. "Takeout food" includes, but is not limited to, prepared food carried out by a customer or delivered by a food dispensing establishment or a takeout food delivery service.

"Takeout food delivery service" means a third-party delivery service that picks up takeout food from a food dispensing establishment and delivers it to a customer for consumption off of the licensed premises.

(b) A full-service restaurant or quick-service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer. Plastic drinking straws must be provided when specifically requested.

(c) Single-use plastic disposable foodware items provided when requested by customers may not be packaged in plastic.

(d) A food dispensing establishment or takeout food delivery service must provide options for a customer to affirmatively request accessory disposable foodware items separate from the customer's order for a food or beverage across all ordering or point of sale platforms, including, but not limited to, the Internet, a smartphone application, other digital platforms, by telephone, and in person.

(e) A full-service restaurant or quick-service restaurant offering condiments may use dispensers rather than prepackaged disposable condiment packets.

(f) A full-service restaurant or quick-service restaurant must post a sign indicating that single-use plastic disposable foodware will be made available to the customer upon request or at a self serve station.

(g) Nothing in this Section prohibits a full-service restaurant or quick-service restaurant from making single-use plastic straws available to customers ordering or purchasing dine-in food by making available cylinders, dispensers, containers, or any other means of allowing for single-use plastic straws to be obtained at the affirmative volition of the customer if a sign is posted encouraging the customer to reduce the use of single-use plastics.

(h) The first violation of this Section shall result in a notice of violation, and any subsequent violation shall be punishable by a civil penalty of $25 for each day a full-service restaurant or quick-service restaurant is in violation of this Section. All civil penalties collected under this Section shall be paid to the Department.

Section 99. Effective date. This Act takes effect January 1, 2026.