SB 140 — AN ACT TO AMEND TITLE 7 AND TITLE 14 OF THE DELAWARE CODE RELATING TO EXPANDED POLYSTYRENE PRODUCTS AND SINGLE-SERVICE PLASTIC ITEMS.

Summary

This Act reduces risks to the environment and public health by doing all of the following: 1. Prohibiting the sale of containers, food service products, or packing material made of expanded polystyrene. 2. Prohibiting food establishments and public schools from providing ready-to-eat food and beverages in expanded polystyrene containers. 3. Limiting the use of single-service plastic items in food establishments. This Act allows restaurants to provide plastic straws at the request of a customer and does not apply to containers where the expanded polystyrene is wholly encased in more durable material. The term “food” includes beverages, under the Delaware Food Code. In addition, this Act encourages food establishments not to use or sell food that is pre-packaged in expanded polystyrene containers. This Act takes effect beginning July 1, 2022, except for public schools, for which it takes effect beginning with the 2022 – 2023 school year.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill prohibits the sale and use of expanded polystyrene products and restricts certain single-use plastic items in food establishments and public schools.

• Chapter 60, Title 7

  Chapter 60B. Expanded Polystyrene and Plastic Waste.

  Creates a new chapter in the Delaware Code addressing expanded polystyrene and single-use plastics.

• Chapter 60B, § 6002B

  A food establishment may not provide a single-service plastic straw, unless requested by a consumer.

  Limits the automatic provision of plastic straws at food establishments to only when a consumer requests them.

• Chapter 60B, § 6002B

  A food establishment may not provide a single-service plastic coffee stirrer, cocktail pick, or sandwich pick to a consumer.

  Prohibits food establishments from providing certain plastic single-use items.

• Chapter 60B, § 6002B

  A food establishment may not provide ready-to-eat food to a consumer in an expanded polystyrene food service product.

  Prohibits food establishments from using expanded polystyrene for ready-to-eat food.

• Chapter 60B, § 6003B

  A person may not sell, offer for sale, or attempt to sell an expanded polystyrene food service product, expanded polystyrene container, or expanded polystyrene packing material.

  Prohibits the sale of expanded polystyrene products.

• Chapter 60B, § 6004B

  A person who violates this chapter is subject to a civil penalty as follows: (1) For a first occurrence, a civil penalty in an amount not more than $500. (2) For a second occurrence, a civil penalty in an amount not more than $1,000. (3) For a third or subsequent occurrence, a civil penalty in an amount not more than $2,000.

  Establishes civil penalties for violations of the new restrictions on expanded polystyrene products.

• Chapter 41, Title 14, § 4136A

  Public schools, including charter schools, may not provide ready-to-eat food through a school cafeteria or school food services in expanded polystyrene food service products.

  Prohibits public schools from using expanded polystyrene for ready-to-eat food.

• Chapter 41, Title 14, § 4136A

  Public schools, including charter schools, are encouraged not to use or sell food that is pre-packaged in expanded polystyrene food service products.

  Encourages public schools to avoid selling pre-packaged foods in expanded polystyrene.

Action History

1. May 18, 2021

   Introduced and Assigned to Environment & Energy Committee in Senate

Sponsors

• Kyle Evans Gay · Cosponsor
• Trey Paradee · Primary
• Stephanie L. Hansen · Cosponsor
• David P. Sokola · Cosponsor
• Laura V. Sturgeon · Cosponsor
• Bryan Townsend · Cosponsor
• Sean M. Lynn · Cosponsor
• Eric Morrison · Cosponsor
• Michael F. Smith · Cosponsor
• Paul S. Baumbach · Cosponsor
• John A. Kowalko · Cosponsor
• Sarah McBride · Cosponsor
• Gerald L. Brady · Primary

Subjects