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| Public Act 102-0529 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||
amended by adding Section 21.5 as follows: | ||||
(410 ILCS 620/21.5 new) | ||||
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% milk 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
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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 | ||
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. | ||
A local public
health 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
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enforcement of this Section.
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