Delaware 153rd General Assembly (2025-2026) Status: Enacted 2 D cosponsors

SB 178 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF POLYSTYRENE FOAM FOOD SERVICE PACKAGING IN LEVEL IV AND LEVEL V DEPARTMENT OF CORRECTION FACILITIES.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 05, 2025. Enacted.

Signed by Governor Matt Meyer (Democratic) on July 01, 2025.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act exempts food served in Level IV and Level V correctional facilities from restrictions on the use of polystyrene foam food service packaging. Scheduled to go into effect on July 1, 2025, § 3004Q of Title 16 prohibits food establishments from providing ready-to-eat food in polystyrene foam food service packaging. This prohibition would create significant hardships and increase costs for the Department of Correction (“Department”), which uses polystyrene foam food service packaging in the course of providing over 14,000 meals per day to Department inmates.

Bill Text

What changed in the latest version

18 added · 12 removed

Plain-language change summary

The amendment changes the effective date for restrictions on the use of polystyrene foam food service packaging in Level IV and Level V Department of Correction facilities from an exemption to a compliance requirement beginning on July 1, 2026. Initially, food establishments in these facilities were exempt from the prohibition, but the amendment now requires that they adhere to the same restrictions as other food establishments starting in 2026. This means that after that date, food served in these correctional facilities must not be provided in polystyrene foam packaging, aligning them with broader environmental goals.

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Pinkney DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Pinkney & Rep.
1 TO SENATE BILL NO.
Cooke DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.
178 AMEND Senate Bill No.
178 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF POLYSTYRENE FOAM FOOD SERVICE PACKAGING IN LEVEL IV AND LEVEL V DEPARTMENT OF CORRECTION FACILITIES.
178 by deleting “Food,” on line 7 and inserting in lieu thereof the following:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
“Until July 1, 2026, food”.
Section 1.
SYNOPSIS Senate Bill No.
Amend § 3004Q, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
178 exempted Level IV and Level V Department of Correction facilities from restrictions on the use of polystyrene foam food service packaging that were created by Senate Bill No.
§ 3004Q.
51 of the 152nd General Assembly.
Restrictions;
This Amendment removes the blanket exemption for Level IV and Level V correctional facilities and requires the Department of Correction to comply with restrictions on the use of polystyrene foam food service packaging as of July 1, 2026.
polystyrene foam food service packaging [Effective July 1, 2025].
(a) A food establishment may not provide ready-to-eat food to a consumer in polystyrene foam food service packaging.
(b) This section does not apply to any of the following:
(3) Food provided in a Level IV or Level V Department of Correction facility.
SYNOPSIS This Act exempts food served in Level IV and Level V correctional facilities from restrictions on the use of polystyrene foam food service packaging.
Scheduled to go into effect on July 1, 2025, § 3004Q of Title 16 prohibits food establishments from providing ready-to-eat food in polystyrene foam food service packaging.
This prohibition would create significant hardships and increase costs for the Department of Correction (“Department”), which uses polystyrene foam food service packaging in the course of providing over 14,000 meals per day to Department inmates.
06/12/2025 02:06 PM 0231530074
06/05/2025 09:19 AM 0231530072
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 38 YES 2 ABSENT 1 VACANT

  3. Reported Out of Committee (Public Safety & Homeland Security) in House with 6 On Its Merits

  4. Assigned to Public Safety & Homeland Security Committee in House

  5. Passed By Senate. Votes: 19 YES 2 ABSENT

  6. Amendment SA 1 to SB 178 - Passed By Senate. Votes: 19 YES 2 ABSENT

  7. Reported Out of Committee (Corrections & Public Safety) in Senate with 4 On Its Merits

  8. Introduced and Assigned to Corrections & Public Safety Committee in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 60 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (60)

60 members have not signed on to this bill.

Show all 60 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 38 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 25001
Republican 13001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Not Voting
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Not Voting
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 14001
Republican 5001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Not Voting
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Not Voting
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 178 do?
This Act exempts food served in Level IV and Level V correctional facilities from restrictions on the use of polystyrene foam food service packaging. Scheduled to go into effect on July 1, 2025, § 3004Q of Title 16 prohibits food establishments from providing ready-to-eat food in polystyrene foam food service packaging. This prohibition would create significant hardships and increase costs for the Department of Correction (“Department”), which uses polystyrene foam food service packaging in the course of providing over 14,000 meals per day to Department inmates.
Who sponsors SB 178?
SB 178 is sponsored by Franklin D. Cooke (Democratic) and Marie Pinkney (Democratic).
What is the current status of SB 178?
This bill has been enacted into law. Introduced June 05, 2025. Enacted.
Where can I track SB 178?
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