HB 2086

Abstract

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. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Provides that self-service by consumers is not prohibited if the take-home containers are maintained clean, sanitary, free from debris, smooth, durable, and easy-to-clean, and are not capable of causing, through cleanliness or design, conditions that may cause or spread disease (rather than cleaned, stored, and dispensed in a sanitary manner). Provides that a restaurant or retailer may fill or refill a consumer-owned container with ready-to-eat or dry bulk foods (rather than ready-made food). Provides that the local (rather than county) health departments and municipalities shall not prohibit specified actions by a retailer or restaurant. Removes language providing that the Department of Public Health shall produce materials for restaurants and retailers in print format. Allows the Department of Public Health to adopt administrative rules necessary to implement, interpret, and administer the provisions. Effective immediately. Senate Committee Amendment No. 1 Provides that except as provided under specified provisions, county health departments and municipalities may regulate but shall not prohibit (rather than shall not prohibit) the ability of a retailer to allow a consumer to fill or refill a consumer-owned personal container with bulk food if the dispensers used prevent the direct handling of the bulk food or the ability of a restaurant or retailer to fill or refill a consumer-owned container with ready-to-eat or dry bulk foods.