HB 111 — 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.

Phillips HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Paradee TORep. HOUSE SUBSTITUTE NO.

Gorman;

Sens.

Hansen, Lockman, Seigfried HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.

111 AN ACT TO AMEND HouseTITLE Substitute16 No.OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS.

2BE forIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

111WHEREAS, onnon-biodegradable lineand 35non-recyclable bymaterials deletingpose “The”a aschallenge itto appearsany thereinenvironmentally and insertingfinancially inresponsible lieusolid thereofwaste “Beginningmanagement [2program; years after enactment of this Act], the”.

FURTHERand AMENDWHEREAS, Houseregulation Substituteof No.food packaging is necessary to encourage a recyclable waste stream and to reduce the volume of solid waste disposed and the economic and environmental costs of waste management;

2and forWHEREAS, HouseNew BillYork No.City, Washington DC, Denver, Chicago, California, Washington State, numerous New Jersey municipalities, and others have passed Skip the Stuff laws to reduce the automatic dispensing of plastic utensils, condiments, and other single use items by food establishments;

111and onWHEREAS, linemany 37restaurant bytakeout deletingand “For”delivery asorders itare appearseaten thereinat andhome insertingor in lieuan thereofoffice, “Beginningwhere [2reusable yearsutensils afterare enactmentavailable ofand thispreferred; Act], for”.

FURTHERand AMENDWHEREAS, Housethe SubstituteDepartment No.of Health and Social Services already regulates food establishments for health and safety measures and conducts routine enforcement inspections.

2NOW, forTHEREFORE: House Bill No.

111Section by1. deleting line 64 in its entirety and inserting in lieu thereof "(1) Sections 1 and 3 of this Act take effect 1 year after enactment.".

SYNOPSISAmend This§ Amendment3001Q, toTitle House16 Substituteof No.the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

2§ for3001Q. House Bill No.

111Definitions moves[Effective theJuly effective date for the definitions and restrictions on providing single use service items from January 1, 20262025]. to 1 year after enactment of the bill.

ThisFor Amendmentpurposes leaves in place the effective date for the penalty provisions, which is 2 years after enactment, but adds language to the penalties section to further emphasize that the penalties may not be imposed until 2 years after enactment of thethis Act.chapter:

( ) “Beverage splash stick” means a device primarily intended to be used to keep heat and liquid from escaping a lidded cup.

SCDDS Page 1 of 13 Released:

06/03/202606/26/2025 06:3209:32 PMAM 0081530153( ) “Condiment packet” means an individual single-service container, sealed by the manufacturer, containing a sauce or other substance used to enhance the flavor of food, which may include mustard, ketchup, mayonnaise, soy sauce, hot sauce, or salad dressing.

( ) “Eating utensil” means a tool used for eating or drinking, including a knife, fork, spoon, or chopsticks.

Eating utensils do not include beverage stirrers or beverage straws.

( ) “Napkin” means a piece of cloth or paper used to wipe a person’s hands or face or to protect garments while eating.

( ) “Single-use food service items” means items that may be provided as is or with packaging for food or beverages that are delivered, picked up, or taken to go from a food establishment, and includes eating utensils, napkins, condiment packets, straws, beverage splash sticks, beverage stirrers, and may include both plastic and non-plastic items.

Single-use food service items do not include items used to contain or secure food or beverages that are delivered, picked up, or taken to go from a food establishment, such as cups, boxes, sandwich picks, wrappers, and bags.

Section 2.

Amend § 3005Q, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3005Q.

Penalties [Effective July 1, 2025].

(c)(1) The Secretary, or a person designated by the Secretary, must provide a written warning to a food establishment that violates any provision of this chapter.

(2) For a third or subsequent violation of § 3007Q of this chapter, a food establishment is subject to the following civil penalties, which may be in addition to any administrative penalty under subsection (a) of this section:

a.

$100 for the third violation.

b.

$200 for the fourth violation.

c.

$500 for the fifth or any subsequent violation.

(3) No food establishment may be subject to a total cumulative penalty under subsection (c)(2) that exceeds $1,500 per year.

Section 3.