4-8-065 Single-use foodware.
   (a)   Requirements. In connection with any delivery or take-out order of food or beverage, a food dispensing establishment may only provide single-use foodware upon request from the customer or at a self-service station. Food dispensing establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet enabled applications, digital platforms, phone orders, and in-person ordering. The Commissioner of Business Affairs and Consumer Protection is authorized to establish, by rule, a standard sign for use by food dispensing establishments in connection with this section, subject to the requirements of Chapter 2-40 of this Code. The requirements of this section are subject to any applicable public health order.
   (b)   Exceptions. This section shall not apply to:
      (1)   single-use foodware necessary to address safety concerns, such as lids, drink stoppers, beverage trays, and cup sleeves for beverages served at an average temperature in excess of 170 degrees Fahrenheit;
      (2)   an automatic food vending machine;
      (3)   any single-use foodware that is prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food dispensing establishment;
      (4)   any charitable food dispensing establishment;
      (5)   single-use foodware provided in connection with any food or beverage order fulfilled at a drive-through facility, as defined in Section 17-17-0247.5;
      (6)   any food dispensing establishment located at Chicago O'Hare International Airport or Chicago Midway International Airport; or
      (7)   a food dispensing establishment granted a waiver from the Department of Business Affairs and Consumer Protection, in accordance with rules promulgated by the Commissioner of Business Affairs and Consumer Protection.
(Added Coun. J. 9-14-21, p. 35529, § 2)