HB1600ham001 104TH GENERAL ASSEMBLY

Rep. Jennifer Gong-Gershowitz

Filed: 3/17/2025

10400HB1600ham001 LRB104 06168 BDA 23757 a

AMENDMENT TO HOUSE BILL 1600

AMENDMENT NO. ______. Amend House Bill 1600 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Food, Drug and Cosmetic Act is amended by adding Section 16.6 as follows:

(410 ILCS 620/16.6 new)

Sec. 16.6. Single-use plastic disposable foodware.

(a) In this Section:

"Department" means the Department of Public Health.

"Drive-through window" means any service window, automated device or other facility that provides goods or services to individuals in a motor vehicle.

"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; and

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

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

"Restaurant" means a full-service restaurant or "quick-service restaurant.

"Sealed" means free of cracks or other openings which permit the entry or passage of moisture.

"Single-use foodware" means any eating utensil or other item to be used as part of food or beverage service that is designed and intended by the manufacturer for only one usage before being discarded, including forks, spoons, sporks, knives, chopsticks, other eating utensils, stirrers, drink stoppers, splash sticks, cocktail sticks, toothpicks, napkins, wet-wipes, cup sleeves, beverage trays, disposable plates, and condiment packets. "Single-use foodware" does not include straws, beverage lids, or items used to contain or package food or beverages for delivery.

"Takeout" means prepared food purchased from a restaurant to be consumed at another location.

"Third-party food delivery platform" means a business engaged in the service of online food ordering and delivery from a restaurant to a consumer. "Third-party food delivery platform" does not include any individual that is directly or indirectly employed by the restaurant and makes deliveries on behalf of a restaurant.

"Third-party online ordering platform" means a website or application that connects customers with restaurants for ordering food online. "Third-party online ordering platform" does not include an application or website owned and operated by a restaurant.

(b) A third-party food delivery platform shall provide a consumer with the option to request single-use foodware when a consumer purchases food or beverages from a restaurant through the third-party food delivery platform.

(c) A third-party online ordering platform shall provide consumers with the option to request single-use foodware when a consumer purchases food or beverages from a restaurant for takeout through the third-party online ordering platform.

(d) If a restaurant uses a third-party food delivery platform to provide food or beverages to a consumer by delivery, or a third-party online ordering platform to provide food or beverages to a consumer for takeout, the restaurant shall provide single-use foodware to the consumer only upon the request of the consumer through the third-party food delivery platform or the third-party online ordering platform.

(e) This Section shall not apply to: (1) single-use foodware necessary to address safety concerns, such as lids, drink stoppers, beverage trays, and cup sleeves for beverages served at an average temperature in excess of 170 degrees Fahrenheit; (2) an automatic food vending machine; (3) any single-use foodware that is prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the restaurant; (4) any charitable food dispensing establishment; (5) restaurants located within Chicago O'Hare International Airport or Chicago Midway International Airport; or (6) single-use foodware provided in connection with any food or beverage order fulfilled at a drive-through window.

(f) Notwithstanding any other provision of this Act, 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 no more than $25 per day. No restaurant, third-party food delivery platform, or third-party online food ordering platform shall be fined in excess of $250 per year for violations under this Section. The Department shall adopt rules providing for an administrative proceeding in which the penalty may be imposed. The Attorney General may bring an action in the circuit court to enforce the collection of any monetary penalty imposed. All civil penalties collected under this Section shall be paid to the Department.

(g) A municipality or county, including a home rule unit, may not regulate the use of single-use foodware by a restaurant, third-party food delivery platform, third-party online food ordering platform, or consumer. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

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