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

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.