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  | Public Act 101-0510 
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| | HB3440 Enrolled | LRB101 09525 CPF 54623 b | 
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|     AN ACT concerning health.
  
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|     Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
  
 
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|     Section 5. The Illinois Food, Drug and Cosmetic Act is  | 
| amended  by changing Section 3.15 as follows:
 
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|     (410 ILCS 620/3.15)  (from Ch. 56 1/2, par. 503.15)
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|     Sec. 3.15. 
To offer for sale any bulk food in a manner  | 
| other than to prevent
direct handling of such items by the  | 
| consumer.  This Section shall not prohibit
self-service by  | 
| consumers provided that the dispensers utilized prevent
the  | 
| direct handling of such foods and that take-home containers,  | 
| including bags, cups, and lids, provided for consumer use are  | 
| cleaned, stored, and dispensed in a sanitary manner.
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|     A retailer may allow a consumer to fill or refill a  | 
| personal container with bulk food if the dispensers used  | 
| prevent the direct handling of the bulk food. Personal  | 
| containers used for this purpose shall be clean and sanitary. | 
|     Except as provided under Part 750 of Title 77 of the  | 
| Illinois Administrative Code, county health departments and  | 
| municipalities shall not prohibit the ability of a retailer to  | 
| allow a consumer to fill or refill a personal container with  | 
| bulk food if the dispensers used prevent the direct handling of  | 
| the bulk food and the personal containers used are clean and  |