Delaware General Assembly

Passed 6/22/23

SB 51 w/ HA 1, HA 2, HA 4

6/22/23

Baumbach

This amendment adds whereas clauses to Senate Bill No. 51 which provide additional information regarding the impact on and longevity of polystyrene in landfills. It clarifies that a food establishment’s license may not be suspened or revoked for violation of this chapter, and delays the penalty provision to 1 year after the effective date, and defines a violation of the chapter as a “core item” under the Delaware Food Code. Finally, it directs that by December 31, 2023, the DSWA shall submit a report regarding the use of and potential substitutes for polystyrene foam from food establishments and other sources, and the disposal challenges and recycling options for waste polystyrene foam, identifying steps which can be considered in order to achieve the goal of reducing or eliminating polystyrene foam being added to landfills or open dumps in the State. This amendment is identical to HA 3 for SB 51 except that the word “administrative” is added at line 14 to clarify that the penalty for violation of this Act is administrative and not criminal.

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