SB1194 would amend the Illinois Food, Drug and Cosmetic Act to restrict the routine provision of single-use plastic disposable foodware in restaurants. For dine-in service at full-service and quick-service restaurants, plastic utensils, napkins, condiment packets, cups, lids, and similar items could not be given to customers unless the customer requests them. Plastic straws would still have to be provided when specifically requested, but any plastic foodware supplied on request could not itself be packaged in plastic.
The bill also requires food dispensing establishments and takeout delivery services to give customers a clear way to opt in to disposable foodware across ordering platforms, including online, app-based, phone, and in-person ordering. Restaurants may use condiment dispensers instead of packets, must post signage telling customers that disposable foodware is available on request or at a self-serve station, and may make straws available through dispensers or similar means if they post a sign encouraging reduced use of single-use plastics. The bill takes effect January 1, 2026.
Impact
SB1194 would add a new Section 16.10 to the Illinois Food, Drug and Cosmetic Act and create a statewide framework for limiting automatic distribution of single-use plastic disposable foodware by restaurants and delivery services. It would affect full-service restaurants, quick-service restaurants, food dispensing establishments, and third-party takeout delivery services by changing default service practices and requiring opt-in systems for disposable items. The bill also authorizes enforcement through the Department of Public Health and establishes a civil penalty of $25 per day after an initial notice of violation.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the available record suggests the measure was introduced as a consumer- and environment-focused plastics reduction proposal rather than a controversial omnibus change. The overall framing is regulatory but modest, emphasizing customer choice and waste reduction instead of an outright ban on all plastic foodware. No formal vote history or transcript evidence is available here to show organized support or opposition.
Contention
The likely points of contention are operational burden, compliance costs, and the scope of the plastic restrictions. Restaurant operators and delivery services may object to the requirement to change ordering systems, post signage, and manage opt-in requests across multiple platforms, while environmental advocates would likely support the reduction in single-use plastics. Another possible issue is the bill’s treatment of straws and packaging: it allows straws on request and permits some plastic items only when affirmatively requested, which may be seen as either too permissive by plastic-reduction supporters or too restrictive by business interests.
Enacts prohibitions relating to the use of disposable foodware containers containing polystyrene foam by certain food dispensing establishments. (BDR 40-685)