Food Law: Hot Topics for the Illinois Legislature this Session

The Food Law Section Council is watching various bills that have been introduced that would impact food and agriculture and health in Illinois. Obviously, many of these bills will die in committee – some much sooner than others; nonetheless, the following bear watching:

• House Bill 3849 (Cyril Nichols) Food Label - Standardization. Assigned to the Consumer Protection Committee and set for hearing the first week of March, this bill would amend the Illinois Food, Drug and Cosmetic Act to provide that the Department of Agriculture in conjunction with the Department of Public Health publish information encouraging food manufacturers and others related to labelling issues (“sell by” dates, etc.).

• House Bill 2099 (Dave Vella) Food Truck Freedom Act. Assigned to the Consumer Protection Committee, this bill would provide new restrictions on units of local government in multi licensing of food truck businesses.
• House Bill 1290 (Jonathan Carroll and others) Pet Food – Disclose Allergens. Placed on calendar for second reading on March 1, 2023. This bill amends the Illinois Commercial Feed Act of 1961 by providing that pet food and specialty pet food are misbranded if the label fails to disclose whether the pet food contains major food allergens. It defines “major food allergen” as milk, eggs, fish, crustaceans, tree nuts, wheat, peanuts, soybeans, and food ingredients that contain protein derived from those foods.
• House Bill 1242 (Chris Miller) Food & Drug - Beef Packaging. Assigned to the Consumer Protection Committee on February 28, 2023, this bill would amend the Illinois Food, Drug and Cosmetic Act to provide that any packaging of beef sold in Illinois must contain on the label the beef's country of origin.
• House Bill 2524 (Sonya M. Harper) EPA - Food Waste Reduction. Assigned to the Energy & Environment Committee on February 28, 2023, this bill would amend the Environmental Protection Act by providing findings of the General Assembly establishing a goal to reduce food waste in Illinois by 50% by 2030. Also provides that by October 1, 2024, the IEPA, in consultation with the Department of Agriculture and the Department of Public Health, must develop a State Wasted Food Reduction and Food Waste Diversion Plan. Also creates a fund to be used for specified purposes.
• House Bill 2769 (Cyril Nichols) Health Local Food Initiative. Assigned to the Human Services Committee on February 28, 2023, this bill would amend the Illinois Public Aid Code to expand the Department of Human Services' Health Local Food Incentives Program by expanding to provide grants to farmstands, mobile markets, community-supported agriculture sites, grocery stores, and other direct food retailers that participate in the SNAP program.
• House Bill 2879 (Sonya M. Harper) Farm to Food Bank Program Act. Assigned to the Agriculture & Conservation Committee on February 28, 2023, this bill would establish the Illinois Farm to Food Bank Program within the Department of Human Services. The program will expand the availability of nutritious, locally grown, raised, or processed foods for Illinois's emergency food system.
• House Bill 3450 (Sonya M. Harper) Food Prescription Pilot Program. Assigned to the Appropriations - Health & Human Services Committee on February 28, 2023, this bill would amend the Medical Assistance Article of the Illinois Public Aid Code and require the Department of Healthcare and Family Services to establish a 2-year pilot program that would provide medically supportive food to medical assistance recipients through one or more food prescription programs operated by a participating managed care health plan.
• House Bill 3638 (Joyce Mason) Food Handling-Allergen Notice. Assigned to the Consumer Protection Committee on February 28, 2023, this bill would amend the Food Handling Regulation Enforcement Act by directing the operator of a restaurant to identify on the restaurants' menus those menu items that contain milk, eggs, wheat, fish, shellfish, peanuts, tree nuts, soy, or sesame.
• Senate Bill 167 (Ram Villivalam) Kosher & Halal Foods. Assigned to the Senate Subcommittee on Government Operations, this bill amends the School Code by requiring public schools to provide both halal and kosher food options in school cafeterias.  
• Senate Bill 2432 (David Koehler) Local Food Infrastructure Grant. This bill would require the Department of Agriculture to develop and administer an annual Local Food Infrastructure Grant Program to enhance local food processing, aggregation, and distribution within the State.