Delaware General Assembly

Signed 8/22/23

The General Assembly has ended, the current status is the final status.

2/17/23

Paradee

Reps. Baumbach, Phillips

Sen. Gay, Hansen, Hoffner, Huxtable, Lockman, S. McBride, Pinkney, Sokola, Sturgeon, Townsend
Reps. Chukwuocha, Dorsey Walker, Griffith, Harris, Heffernan, K. Johnson, Lambert, Lynn, S. Moore, Morrison, Neal, Parker Selby, Romer, Michael Smith, Wilson-Anton

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF SINGLE-SERVICE PLASTIC IMPLEMENTS AND POLYSTYRENE CONTAINERS IN FOOD ESTABLISHMENTS.

This Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. These restrictions take effect on July 1, 2025. This Act provides the following exemptions to the prohibitions on single-service plastic implements and polystyrene foam containers: 1. The definition of "polystyrene foam food service packaging" excludes coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables. 2. The prohibition on plastic straws does not apply to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 3. The restriction on providing ready-to-eat food in polystyrene foam food service packaging does not apply to any of the following: • Fire companies. • Health-care providers that provide long-term, acute, and outpatient health-care services. • Nonprofit organizations, including religious institutions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

84:177

20

8/22/23; 7/1/25

N/A

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