SB1531 104TH GENERAL ASSEMBLY

LRB104 10048 BDA 20119 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1531

Introduced 2/4/2025, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

New Act

Creates the Disposable Food Service Container Act. Provides that, beginning January 1, 2030, a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Specifies that the prohibition does not apply to any activity authorized under an ordinance or resolution adopted by a unit of local government on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations. Sets forth penalties for violations of the Act. Limits home rule powers. Effective immediately.

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 Disposable Food Service Container Act.

Section 5. Definitions. In this Act, unless the context requires otherwise:

"Disposable food service container" means service ware designed for one-time use. "Disposable food service container" includes, but is not limited to, service ware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers, ice chests that are used for the processing or shipping of seafood, or service ware that is used to contain, transport, or otherwise package raw, uncooked, or butchered meat, poultry, fish, or seafood.

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent, or assigns.

"Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer.

"Service ware" means a container, bowl, plate, tray, carton, cup, lid, or other item designed to contain, transport, serve, or aid in the consumption of food or beverages.

Section 10. Disposable food service containers composed of polystyrene foam prohibited.

(a) Except as provided in subsection (b), a person may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam beginning January 1, 2030.

(b) The prohibition in subsection (a) does not apply to any activity authorized under an ordinance or resolution adopted by a home rule municipality or home rule county on or before January 1, 2024 or with respect to sales made to a unit of local government for use by the unit of local government for its internal operations.

Section 15. Penalties and enforcement.

(a) A person who violates any provision of this Act shall be liable for a civil penalty of up to $250 for the first offense; a civil penalty of up to $500 for a second offense; and a civil penalty of up to $1,000 for any subsequent offense within a 12-month period.

(b) Any violation of this Act may be enforced by the Attorney General or the State's Attorney of the county in which the violation occurs. The penalties provided for in subsection (a) may be recovered in a civil action brought in the name of the people of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. The Attorney General or the State's Attorney of a county in which a violation occurs may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such actions as may be necessary to address violations of this Act.

(c) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or other relief provided by any other law.

(d) A home rule unit may not regulate the sale and distribution of disposable food service containers composed in whole or in part of polystyrene foam in a manner that is inconsistent with the regulation by the State of the sale and distribution of disposable food service containers composed in whole or in part of polystyrene foam under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.