Delaware General Assembly

Out of Committee 5/14/25

Reported from Committee; to list ready for consideration (Ready List)

5/7/25

Paradee

Rep. Phillips

Sen. Cruce, Hansen, Hoffner, Huxtable, Pinkney
Reps. Morrison, Snyder-Hall

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EXPANDED POLYSTYRENE FOAM PRODUCTS.

This Act prohibits retail stores and wholesalers from selling, distributing, or offering for sale expanded polystyrene foam products, including expanded polystyrene foam food service packaging, expanded polystyrene foam coolers used for cold storage of food, and expanded polystyrene foam loose fill packaging. Expanded polystyrene foam packaging such as single use expanded polystyrene foam food containers or loose fill expanded polystyrene foam products such as packing peanuts are difficult to recycle and are not accepted in Delaware’s curbside recycling program. Such products typically end up in landfills, where they take hundreds of years to break down. By prohibiting the sale of expanded polystyrene foam products, this Act helps to protect the environment from harmful waste. This Act allows for a temporary waiver of the prohibition on expanded polystyrene foam products under either of the following circumstances: 1. There is no feasible or commercially available alternative for a specific expanded polystyrene foam product. 2. The retail store or wholesaler seeking the waiver has less than $500,000 in gross annual income and there is no reasonably affordable, commercially available alternative to the expanded polystyrene foam product. This Act takes effect on January 1, 2027.

N/A

N/A

Takes effect upon being signed into law

N/A

View HTML View PDF