Amendment vs bill Senate Amendment 001 vs Engrossed

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HB2376 Engrossed LRB103 25377 CPF 53332 b AN ACT concerning safety.
*LRB10325377LNS60768a* Sen.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Laura Fine Filed:
Section 5.
4/21/2023 10300HB2376sam001 LRB103 25377 LNS 60768 a AMENDMENT TO HOUSE BILL 2376 AMENDMENT NO.
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Amend House Bill 2376 by replacing everything after the enacting clause with the following:
"Section 5.
"Disposable food service container" does not include polystyrene foam coolers or 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.
"Disposable food service container" does not include polystyrene foam coolers or 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 10300HB2376sam001 -2- LRB103 25377 LNS 60768 a butchered meat, poultry, fish, or seafood.
"Primarily engaged in the sale of ready-to-eat food for immediate consumption" means that a retail establishment derives at least 51% of its total sales, excluding the sale of liquor, from the sale of ready-to-eat food for immediate HB2376 Engrossed - 2 - LRB103 25377 CPF 53332 b consumption.
"Restaurant" means a retail establishment that is primarily engaged in the sale of ready-to-eat food for immediate consumption.
"Retail establishment" means a person or entity that is engaged in the business of making sales at retail and that generates occupation or use tax revenue.
(b) Beginning January 1, 2024, a retail establishment may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam.
"State facility" means any facility (i) that is owned and operated by the State or leased and operated by the State and (ii) that is the primary stationary work location for 25 or more State employees.
(c) The prohibition under subsection (b) shall not apply to the following entities, or to the sale of polystyrene foam by a retail establishment to the following entities, until January 1, 2025:
"State facility" does not include any facility under the jurisdiction of the legislative branch, including the Auditor General, or the judicial branch.
(1) A food pantry.
(b) Beginning January 1, 2024, a State facility may not sell or distribute a disposable food service container that is composed in whole or in part of polystyrene foam.
(2) A soup kitchen.
(c) The prohibition in subsection (b) does not apply to (i) an entity that receives State funds to provide food to needy individuals at no or nominal charge or (ii) a State agency that provides food to needy individuals at no or nominal charge.
(3) A not-for-profit corporation that provides food to needy individuals at no or nominal charge.
(4) A federal, State, or local governmental agency that provides food to needy individuals at no or nominal charge.
HB2376 Engrossed - 3 - LRB103 25377 CPF 53332 b (5) A restaurant with an annual gross income under $500,000 per location as stated on the restaurant's income tax filing for the most recent tax year.
This Act takes effect upon becoming law.
This Act takes effect upon becoming law.".