Delaware General Assembly

House Economic Development/Banking/Insurance & Commerce 6/11/25

Committee Hearing takes place within twelve legislative days.

HB 111

6/11/25

Phillips

Sen. Paradee

Reps. Morrison, Snyder-Hall, Burns, Gorman, Kamela Smith
Sen. Cruce, Hansen

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS.

Like House Bill 111, this Substitute prohibits food establishments from providing any single-use food service items, whether plastic or not, unless specifically requested by a customer. This Substitute also exempts nonprofit organizations and schools from the definition of food establishment, and adds civil fines for third and subsequent violations of Chapter 30Q of Title 16. This Substitute does not include the requirement for a written warning and correction period for core violations that was included in House Bill 111, but does specify that for first and second violations of the chapter, the Secretary must issue written warnings. These penalties take effect 2 years after enactment to allow time for businesses to become educated about the requirements of the law, while the remainder of the Act takes effect on January 1, 2026. This Substitute also removes redundant and unnecessary terms from the definitions and body of the bill. Unlike House Bill No. 111, this Substitute does not require third-party food delivery services or platforms to provide options to consumers for requesting single-use food service items. This Substitute also does not allow a food establishment to use information provided by a third-party food delivery service or platform about a customer’s request for single-use food service items as a complete defense in a proceeding to impose an administrative penalty.

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Takes effect upon being signed into law

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