(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)