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Public Act 102-0681


 

Public Act 0681 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0681
 
HB3490 EnrolledLRB102 11653 CPF 21530 b

    AN ACT concerning health.
 
    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 changing Section 21.5 as follows:
 
    (410 ILCS 620/21.5)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 21.5. 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
restaurant:
        (1) water with no added natural or artificial
    sweeteners;
        (2) sparkling water with no added natural or
    artificial sweeteners;
        (3) flavored water with no added natural or artificial
    sweeteners;
        (4) nonfat or 1% dairy milk containing no more than
    130 calories per container or serving as offered for sale
    with no added natural or artificial sweeteners;
        (5) nondairy milk alternatives:
            (A) with no added natural or artificial
        sweeteners;
            (B) containing no more than 130 calories per
        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
in-store advertisement for a children's meal shall be one of
the default 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
    offense.
    An executive officer of a certified A local public health
department director, or his or her designee, may charge and
collect the civil penalties under this subsection.
    (g) The Department of Public Health may adopt any rules it
deems necessary for the implementation, administration, and
enforcement of this Section.
(Source: P.A. 102-529, eff. 1-1-22.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/10/2021