SB1597 100TH GENERAL ASSEMBLY

LRB100 08906 MJP 19049 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1597

Introduced 2/9/2017, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

New Act

Creates the Compostable Bags in Retail Establishments Act. Provides that no retail establishment in the State shall use or provide polyethylene or other non-compostable plastic film bags tinted green or brown for customers to bag products in stores, as carry out bags, or for home delivery. Provides that any film bags meeting the definition of compostable that retail establishments provide to customers for food or other products, such as vegetables bagged in stores prior to checkout, must be tinted green or brown and shall be clearly labeled "COMPOSTABLE", including language following the Federal Trade Commission's "Green Guides". Provides that no film bag that retail establishments provide to customers to bag products in stores, as carry out bags, or for home delivery may be labeled with the term "biodegradable", "degradable", "decomposable", or any similar terms, or in any way imply that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment. Defines "carry out bag", "compostable", and "retail establishment". Effective January 1, 2018.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

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

Section 1. Short title. This Act may be cited as the Compostable Bags in Retail Establishments Act.

Section 5. Definitions. As used in this Act:

"Carry out bag" means a bag that is provided by a retail establishment at the check stand, cash register, point of sale, or other point of departure to a customer for the purpose of transporting food or merchandise out of the establishment. "Carry out bag" does not include bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items, such as nails and bolts, or to contain or wrap frozen foods, meat or fish, whether prepackaged or not, or to contain or wrap flowers or potted plants, or other items where dampness may be a problem, or to contain unwrapped prepared foods or bakery goods, or to contain prescription drugs, or to safeguard public health and safety during the transportation of prepared take-out foods and prepared liquids intended for consumption away from the retail establishment; or newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.

"Compostable" means that the product completely breaks down into a stable product due to the action of microorganisms in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment, meets the compost standards under 35 Ill. Adm. Code 830.503, has been found to degrade satisfactorily at the composting facility receiving the material, meets industry standard specification ASTM D6400, and has been certified as compostable by the Biodegradable Products Institute or a similar national or international certification authority.

"Retail establishment" means any person, corporation, partnership, business venture, public sports or entertainment facilities, government agency, street vendor or vendor at public events or festivals, or organizations that sell or provide merchandise, goods, or materials including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. "Retail establishment" includes, but is not limited to, department stores, clothing stores, jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores, convenience stores, gas stations, restaurants, food vending trucks, farmers markets, and temporary vendors of food and merchandise at street fairs and festivals. "Retail establishment" does not include food banks and other food assistance programs.

Section 10. Compostable bags; retail establishments. No retail establishment in the State shall use or provide polyethylene or other non-compostable plastic film bags tinted green or brown for customers to bag products in stores, as carry out bags, or for home delivery. Any film bags meeting the definition of compostable that retail establishments provide to customers for food or other products, such as vegetables bagged in stores prior to checkout, must be tinted green or brown and shall be clearly labeled "COMPOSTABLE", including language following the Federal Trade Commission's "Green Guides". No film bag that retail establishments provide to customers to bag products in stores, as carry out bags, or for home delivery may be labeled with the term "biodegradable", "degradable", "decomposable", or any similar terms, or in any way imply that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment.

Section 99. Effective date. This Act takes effect January 1, 2018.