Bill Text: IL SB3424 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 5 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for the administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain plastic metal beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs, and 25% to each distributor in proportion to the amount of beverage containers each distributor sold in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full service restaurant or quick service restaurant shall not provide single use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer. Contains other specified requirements for full service or quick service restaurants and provides civil penalties for any violations. Effective July 1, 2021.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3424 Detail]

Download: Illinois-2019-SB3424-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3424

Introduced 2/13/2020, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:
See Index

Creates the Illinois Container Fee and Deposit Act. Provides for a deposit value of 5 cents to be paid by consumers on each beverage container sold in the State by a dealer for consumption. Provides that upon the return to a dealer or person operating a redemption center, the dealer or redemption center shall pay the value of the deposit back to the consumer as a refund. Sets forth requirements for the administration of the program. Provides certain exemptions to the program. Requires that the refund value be clearly indicated on all beverage containers sold in the State. Provides for the Environmental Protection Agency to certify redemption centers. Prohibits snap-top beverage containers. Provides that persons violating the Act shall be guilty of a Class C misdemeanor. Prohibits the manufacture of certain plastic metal beverage containers. Prohibits the disposal of beverage containers at sanitary landfills. Provides that deposits not passed on to the consumer through bottle redemption shall be distributed as follows: 75% to the Agency for environmental and conservation-related programs, and 25% to each distributor in proportion to the amount of beverage containers each distributor sold in the State. Amends the State Finance Act to create the Illinois Container Fee and Deposit Fund. Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full service restaurant or quick service restaurant shall not provide single use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer. Contains other specified requirements for full service or quick service restaurants and provides civil penalties for any violations. Effective July 1, 2021.
LRB101 18089 CPF 67528 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB3424LRB101 18089 CPF 67528 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Illinois Container Fee and Deposit Act.
6 Section 5. Definitions. As used in this Act, the following
7terms shall have the meanings indicated, unless the context
8otherwise requires:
9 "Agency" means the Illinois Environmental Protection
10Agency.
11 "Beverage" means (i) wine, alcoholic liquor, or beer as
12defined in the Liquor Control Act of 1934 or (ii) mineral
13water, tea, coffee, soda water, or similar carbonated soft
14drinks, bottled water, juice, or other drinks in liquid form
15intended for human consumption and excluding products that are
16primarily derived from dairy.
17 "Beverage container" means any glass, plastic, aluminum,
18or other metal can, bottle, jar, or carton, in which the
19bottler or the manufacturer has sealed the contents.
20 "Consumer" means a person who purchases or acquires a
21beverage in a beverage container for the use of its contents.
22 "Dealer" means a person who sells or offers for sale to
23consumers within this State a beverage in a beverage container,

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1including an operator of a vending machine containing a
2beverage in a beverage container.
3 "Dealer agent" means a person who solicits or picks up
4empty beverage containers from a dealer for the purpose of
5returning the empty beverage containers to the distributor or
6the manufacturer.
7 "Director" means the Director of the Illinois
8Environmental Protection Agency.
9 "Distributor" means a person who engages in the sale of
10beverages in beverage containers to a dealer in the State,
11including a manufacturer who engages in those sales.
12 "Geographic territory" means the geographical area within
13a perimeter formed by the outermost boundaries of the area
14served by a distributor.
15 "Illinois Container Fee and Deposit Fund" means a fund
16created for the deposit and disbursement of all deposit and
17redemption center fee moneys generated through the
18administration of this Act.
19 "Manufacturer" means a person who bottles, cans, or
20otherwise fills beverage containers for sale to distributors or
21dealers.
22 "Nonrefillable beverage container" means a beverage
23container that, after being used by a consumer, is not intended
24to be refilled for sale by a manufacturer.
25 "Redemption center" means a business at which consumers may
26return empty beverage containers and receive payment for the

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1refund value of the empty beverage containers.
2 Section 10. The Illinois Container Fee and Deposit Fund.
3The Illinois Container Fee and Deposit Fund is created as a
4special Fund in the State treasury. All moneys retrieved
5through the administration of this Act shall be deposited into
6the Fund and administered by the Agency. Distributors shall
7submit via deposit to the Fund the deposit and redemption
8center fee moneys from the beverage containers they sell in
9this State. The Fund shall then be used to distribute these
10moneys to redemption centers in accordance with the rules
11adopted for administration of this Act.
12 Section 15. Deposit values.
13 (a) A deposit value of 5 cents shall be paid by the
14consumer on each beverage container sold in the State by a
15dealer for consumption. Upon the return to a dealer or person
16operating a redemption center of the empty beverage container
17upon which a deposit has been paid and the acceptance of the
18empty beverage container by the dealer or the person operating
19the redemption center, the dealer or redemption center must
20refund the value of the deposit to the consumer.
21 (b) In addition to the deposit refund provided in
22subsection (a), a dealer, dealer agent, or person operating a
23redemption center who redeems empty beverage containers shall
24be reimbursed by any distributor required to accept the empty

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1beverage containers a value of 2-cents per container (the
2"redemption center fee"). A dealer, dealer agent, or person
3operating a redemption center may compact empty metal beverage
4containers with the approval of the distributor required to
5accept the containers.
6 Section 20. Payment of deposit value; notice to consumers.
7Except as provided in Section 25:
8 (1) A dealer may not refuse to accept from a consumer
9 any empty beverage container of the kind, size, or brand
10 sold by the dealer or refuse to pay to the consumer the
11 deposit value of the beverage container as stated in
12 Section 15, provided that the beverage container is
13 returned to the dealer in an empty, unbroken, and
14 reasonably clean state.
15 (2) A dealer must place a sign or shelf label in close
16 proximity to any sales display of beverage containers to
17 inform consumers that containers are returnable. The sign
18 or label shall indicate the value of the deposit required
19 for each beverage container and that containers are
20 returnable.
21 (3) An operator of a vending machine that sells
22 containers shall post a conspicuous notice on the vending
23 machine indicating that a deposit refund is available on
24 each container purchased and indicating where and from whom
25 that refund may be obtained. This Section does not require

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1 vending machine operators to provide refunds at the
2 premises where the vending machine is located.
3 (4) A dealer may limit the total number of beverage
4 containers that he or she will accept from one consumer on
5 any business day to 100 containers. The dealer may refuse
6 to accept containers for a period of not more than 3 hours
7 during any business day, provided that the hours during
8 which containers will not be accepted are conspicuously
9 posted.
10 (5) A distributor shall accept and pick up all empty
11 beverage containers of the kind, size, or brand sold by the
12 distributor from all dealers served by the distributor and
13 from all redemption centers. If the distributor delivers
14 the beverage product less frequently than weekly, then the
15 distributor shall accept and pick up any empty beverage
16 container of the kind, size, or brand sold by the
17 distributor at the time of that delivery. The distributor
18 shall pay to the dealer or the redemption center the
19 deposit refund value of the beverage container and the
20 redemption center fee as provided under Section 15 of this
21 Act either within one week following the pickup of the
22 containers or when the dealer or redemption center normally
23 pays the distributor for the deposit on beverage products
24 purchased from the distributor if less frequently than
25 weekly. A distributor, employee, or agent of a distributor
26 is not in violation of this paragraph if a redemption

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1 center is closed when the distributor attempts to make a
2 regular delivery or a regular pickup of empty beverage
3 containers.
4 (6) A distributor shall accept from a dealer agent any
5 empty beverage container of the kind, size, or brand sold
6 by the distributor that was picked up by the dealer agent
7 from a dealer within the geographic territory served by the
8 distributor. The distributor shall pay the dealer agent the
9 deposit value of the empty beverage container and the
10 redemption center fee as provided in Section 15.
11 (7) The Agency shall adopt rules regulating the
12 recycling and disposal of empty beverage containers. The
13 rules shall give priority to the recycling of empty
14 beverage containers to the extent possible.
15 Section 25. Refusal to accept containers.
16 (a) A dealer, redemption center, distributor, or
17manufacturer may refuse to accept any empty beverage container
18that does not have stated on it a deposit value as provided
19under Section 30.
20 (b) A dealer may refuse to accept any type of container
21that the dealer has not sold within the past 60 days.
22 (c) A dealer may refuse to accept and to pay the refund
23value of any empty beverage container if the place of business
24of the dealer and the kind and brand of empty beverage
25containers are included in an order of the Agency approving a

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1redemption center under Section 35.
2 (d) An owner or operator of an establishment who sells
3beverages for consumption only on the premises may refuse to
4accept and to pay the refund value on an empty alcoholic liquor
5container except from a consumer who has purchased and consumed
6the beverage at that establishment.
7 (e) A manufacturer or distributor may refuse to accept and
8to pay the refund value and reimbursement as provided in
9Section 25 on any empty beverage container that was picked up
10by a dealer agent from a dealer outside the geographic
11territory served by that manufacturer or distributor.
12 (f) A distributor may refuse to accept beverage containers
13from any person who is not a dealer in a quantity of fewer than
14300 containers of the type, size, or brand sold by the
15distributor.
16 Section 30. Deposit value stated on container; exceptions.
17 (a) Each beverage container sold or offered for sale in
18this State by a dealer shall clearly indicate by embossing or
19by a stamp, label, or other method securely affixed to the
20container the refund value of that container. The Agency shall
21specify, by rule, the minimum size of the deposit value
22indication on the beverage containers.
23 (b) A distributor shall not import into this State after
24January 1, 2020 a beverage container that does not have the
25deposit value indication securely affixed to the container.

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1 (c) A person may not bring beverage containers into this
2State after January 1, 2020 that do not have the deposit value
3indication securely affixed unless for each occurrence:
4 (1) For beverage containers containing alcoholic
5 liquor as defined in the Liquor Control Act of 1934, the
6 total capacity of the container is not more than one quart
7 or, in the case of alcoholic liquor personally obtained
8 outside the United States, one gallon.
9 (2) For beverage containers containing beer as defined
10 in the Liquor Control Act of 1934, the total capacity of
11 the container is not more than 288 fluid ounces.
12 (3) For all other beverage containers, the total
13 capacity of the container is not more than 565 fluid
14 ounces.
15 (d) The provisions of subsections (a), (b), and (c) do not
16apply to a refillable glass beverage container that has a brand
17name permanently marked on it and that has a deposit value of
18greater than 5 cents, to any other refillable beverage
19container that has a deposit value of not less than 5 cents and
20that is exempted by the Director under rules adopted by the
21Agency, or to a beverage container sold aboard a commercial
22airliner or passenger train for consumption on the premises.
23 Section 35. Redemption centers.
24 (a) To facilitate the return of empty beverage containers
25and to serve dealers of beverages, any person may establish a

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1redemption center, subject to the approval of the Agency, at
2which consumers may return empty beverage containers and
3receive payment of the stated deposit value.
4 (b) An application for approval of a redemption center
5shall be filed with the Agency. The application shall state the
6name and address of the person responsible for the
7establishment and operation of the redemption center, the kind
8and brand names of the beverage containers that will be
9accepted at the redemption center, and the names and addresses
10of the dealers to be served by the redemption center. The
11application shall contain any other information that the
12Director may reasonably require.
13 (c) The Agency shall approve a redemption center if it
14finds that the redemption center will provide a convenient
15service to consumers for the return of empty beverage
16containers. The order of the Agency approving a redemption
17center shall state the dealers to be served by the redemption
18center and the kind and brand names of empty beverage
19containers that the redemption center must accept. The order
20may contain such other provisions to ensure that the redemption
21center will provide a convenient service to the public as the
22Director may determine.
23 (d) The Agency may review the approval of any redemption
24center at any time. After written notice to the person
25responsible for the establishment and operation of the
26redemption center, and to the dealers served by the redemption

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1center, the Agency may, after hearing, withdraw approval of the
2redemption center if the Agency finds there has not been
3compliance with the Agency's order approving the redemption
4center, or if the redemption center no longer provides a
5convenient service to the public.
6 (e) All approved redemption centers shall meet applicable
7health standards.
8 Section 40. Snap-top cans prohibited. No person shall sell
9or offer for sale at retail in this State any metal beverage
10container so designed and constructed that a part of the
11container is detachable in opening the container.
12 Section 45. Rules. The Agency shall adopt, upon
13recommendation of the Director, the rules necessary to carry
14out the provisions of this Act, subject to the provisions of
15the Illinois Administrative Procedure Act.
16 Section 50. Appeals. Any person aggrieved by an order of
17the Agency relating to the approval or withdrawal of approval
18for a redemption center may seek judicial review of such order
19as provided in the Administrative Review Law.
20 Section 55. Penalties.
21 (a) A person violating the provisions of Sections 15, 20,
2225, or 40 or a rule adopted pursuant to Section 45 of this Act

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1is guilty of a Class C misdemeanor.
2 (b) A distributor who collects or attempts to collect a
3deposit value on an empty beverage container when the
4distributor has paid the deposit value on the container to a
5dealer, redemption center, or consumer is guilty of a business
6offense.
7 (c) Any person who does any of the following acts is guilty
8of a business offense:
9 (1) Collects or attempts to collect the deposit value
10 on the container a second time, with the knowledge that the
11 deposit value has once been paid by the distributor to a
12 dealer, redemption center, or consumer.
13 (2) Manufactures, sells, possesses, or applies a false
14 or counterfeit label or indication to a beverage container
15 that shows or purports to show a deposit value for a
16 beverage container, with the intent to obtain a refund of
17 the deposit value for the false or counterfeit label or
18 indication.
19 (3) Collects or attempts to collect a deposit refund
20 value on a container with the use of a false or counterfeit
21 label or indication showing a deposit value, knowing the
22 label or indication to be false or counterfeit.
23 (d) As used in this Section, "false or counterfeit label or
24indication" means a label or indication purporting to show a
25valid deposit value that has not been initially applied as
26authorized by a distributor.

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1 Section 60. Distributor agreements authorized. A
2distributor may enter into a contract or agreement with any
3other distributor, manufacturer, or person for the purpose of
4collecting or paying the deposit value on or disposing of
5beverage containers.
6 Section 65. Redemption of refused nonrefillable metal
7beverage containers.
8 (a) If the deposit value indication required under Section
930 on an empty nonrefillable metal beverage container is
10readable but the redemption of the container is lawfully
11refused by a dealer or person operating a redemption center,
12the container shall be accepted and the deposit value paid to a
13consumer as provided in this Section. Each beer distributor
14selling nonrefillable metal beverage containers in this State
15shall provide individually or collectively by contract or
16agreement with a dealer, redemption center, or another person,
17at least one facility in the county seat of each county where
18refused empty nonrefillable metal beverage containers having a
19readable deposit value indication as required by this Act are
20accepted and redeemed. In counties having a population of
21100,000 or more, the number of the facilities provided shall be
22one facility for every 100,000 population or a fractional part
23of that population.
24 (b) A beer distributor violating this Section is guilty of

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1a Class C misdemeanor.
2 Section 70. Plastic cans prohibited.
3 (a) Beginning on the effective date of this Act, a person
4shall not manufacture, offer for sale, or sell any
5single-serving beverage container that is a plastic can nor
6offer for sale or sell any beverage packaged in a
7single-serving plastic can. For the purposes of this Section,
8"plastic can" means a beverage container that, in addition to
9the closure mechanism, is composed of plastic and metal.
10 (b) A person violating this Section is guilty of a Class A
11misdemeanor.
12 Section 75. Disposal at sanitary landfill prohibited.
13Beginning one year after the effective date of this Act, the
14final disposal of beverage containers by a dealer, distributor,
15manufacturer, or a person operating a redemption center in a
16sanitary landfill is prohibited. Beginning one year after the
17effective date of this Act, the final disposal of beverage
18containers used to contain alcoholic liquor, as defined in the
19Liquor Control Act of 1934, by a dealer, distributor,
20manufacturer, or redemption center in a sanitary landfill is
21prohibited.
22 Section 80. Unclaimed deposits. All moneys deposited into
23the Illinois Container Fee and Deposit Fund and not passed on

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1to the consumer through bottle redemption shall be used by the
2Agency to administer this Act, with excess funds to be
3disbursed by the Agency in the following manner:
4 (1) 75% to environmental and conservation-related
5 programs, as determined by the Agency; and
6 (2) 25% to each distributor, proportionally determined
7 by the amount of beverage containers each distributor has
8 sold in this State during the previous complete period from
9 January 1 to December 30 after the effective date of this
10 Act.
11 Section 85. Local powers. Nothing in this Act is intended
12to limit the municipal or county power granted in the Solid
13Waste Planning and Recycling Act to establish or operate a
14recycling or redemption center.
15 Section 90. The Illinois Food, Drug and Cosmetic Act is
16amended by adding Section 16.10 as follows:
17 (410 ILCS 620/16.10 new)
18 Sec. 16.10. Single use plastic disposable foodware.
19 (a) In this Section:
20 "Compostable material" means products or materials that
21will completely break down into organic matter within 180 days
22and the microorganisms present in compost will consume the
23material at the same rate they would natural materials.

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1 "Department" means the Department of Public Health.
2 "Dine-in" means food and beverages that are intended to be
3consumed on the premises of a full service restaurant or quick
4service restaurant.
5 "Disposable cup" means a beverage cup designed for a single
6use to serve beverages, including, but not limited to, water,
7cold drinks, hot drinks, and alcoholic beverages.
8 "Disposable foodware" means containers, bowls, plates,
9trays, cartons, cups, lids, forks, spoons, knives, napkins, and
10other items that are designed for one-time use for beverages,
11prepared food, or leftovers from meals prepared by a food
12dispensing establishment. "Disposable foodware" does not
13include items composed entirely of aluminum.
14 "Expanded polystyrene" means blown polystyrene and
15expanded and extruded foams that are thermoplastic
16petrochemical materials utilizing a styrene monomer and
17processed by multiple techniques, including, but not limited
18to, fusion of polymer spheres, expanded bead polystyrene,
19injection molding, foam molding, extrusion-blow molding, and
20extruded foam polystyrene.
21 "Expanded polystyrene food service products" means food
22containers, plates, hot and cold beverage cups, meat and
23vegetable trays, egg cartons, and other products made of
24expanded polystyrene and used for selling or providing food.
25 "Full service restaurant" means a food dispensing
26establishment with the primary business purpose of serving

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1food, where food may be consumed on the premises and where all
2of the following actions are taken by an employee of the
3establishment:
4 (1) A consumer is escorted or assigned to an assigned
5 eating area. The employee may choose the assigned eating
6 area or may seat the consumer according to the consumer's
7 need for accommodation or other request.
8 (2) A consumer's food and beverage orders are taken
9 after the consumer has been seated at the assigned seating
10 area.
11 (3) Food and beverage orders are delivered directly to
12 the consumer.
13 (4) Any requested items associated with a consumer's
14 food or beverage order are brought to the consumer.
15 (5) The check is delivered directly to the consumer at
16 the assigned eating area.
17 "Prepared food" means foods or beverages that are prepared
18and served by a food dispensing establishment on the licensed
19premises by cooking, chopping, slicing, mixing, freezing,
20squeezing, or other processing and which require no further
21preparation for human consumption. "Prepared food" does not
22include raw, uncooked whole fruits or vegetables that are not
23chopped, squeezed, or mixed, or raw uncooked meat products.
24 "Quick service restaurant" means a food dispensing
25establishment that has minimal table service and makes food
26available upon order and pickup from a vehicle.

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1 "Reusable foodware" means foodware, including, but not
2limited to, plates, bowls, cups, trays, glasses, stirrers,
3condiment cups, and utensils, that is:
4 (1) manufactured from durable materials;
5 (2) specifically designed and manufactured to be
6 washed, sanitized, and used repeatedly over an extended
7 period of time; and
8 (3) safe for washing and sanitizing according to
9 applicable regulations.
10 "Single use plastic disposable foodware" means any
11disposable foodware item, including, but not limited to:
12stirrers, napkins, and utensils; condiment cups and packets;
13cup sleeves, tops, lids, and spill plugs; and other similar
14accessory or accompanying disposable foodware items used as
15part of food or beverage service or packaging.
16 "Takeout food" means prepared food that is purchased to be
17consumed off the licensed premises of a food dispensing
18establishment. "Takeout food" includes, but is not limited to,
19prepared food carried out by a customer or delivered by a food
20dispensing establishment or a takeout food delivery service.
21 "Takeout food delivery service" means a third party
22delivery service that picks up takeout food from a food
23dispensing establishment and delivers it to a customer for
24consumption off of the licensed premises.
25 (b) A full service restaurant or quick service restaurant
26shall not provide single use plastic disposable foodware items

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1to a consumer ordering or purchasing dine-in food unless
2requested by the consumer. Plastic drinking straws must be
3provided when specifically requested.
4 (c) Single use plastic disposable foodware items provided
5when requested by customers may not be packaged in plastic.
6 (d) A food dispensing establishment or takeout food
7delivery service must provide options for a customer to
8affirmatively request accessory disposable foodware items
9separate from the customer's order for a food or beverage
10across all ordering or point of sale platforms, including, but
11not limited to, the Internet, a smartphone application, other
12digital platforms, by telephone, and in person.
13 (e) A full service restaurant or quick service restaurant
14offering condiments may use dispensers rather than prepackaged
15disposable condiment packets.
16 (f) A full service restaurant or quick service restaurant
17must post a sign indicating that single use plastic disposable
18foodware will be made available to the customer upon request or
19at a self serve station.
20 (g) Nothing in this Section prohibits a full service
21restaurant or quick service restaurant from making single use
22plastic straws available to customers ordering or purchasing
23dine-in food by making available cylinders, dispensers,
24containers, or any other means of allowing for single use
25plastic straws to be obtained at the affirmative volition of
26the customer if a sign is posted encouraging the customer to

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1reduce the use of single use plastics.
2 (h) The first violation of this Section shall result in a
3notice of violation, and any subsequent violation shall be
4punishable by a civil penalty of $25 for each day a full
5service restaurant or quick service restaurant is in violation
6of this Section, not to exceed $300 annually. All civil
7penalties collected under this Section shall be paid to the
8Department.
9 Section 900. The State Finance Act is amended by adding
10Section 5.930 as follows:
11 (30 ILCS 105/5.930 new)
12 Sec. 5.930. The Illinois Container Fee and Deposit Fund.
13 Section 999. Effective date. This Act takes effect July 1,
142021.

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1 INDEX
2 Statutes amended in order of appearance