Wilmington's Single-Use Items: The Rules That Matter

Every city handles single-use items a little differently. In Wilmington, Delaware, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Plastic Bag Rules

Delaware Code Title 7 Section 6062 bans most single-use plastic carryout bags at large retailers statewide. Wilmington stores must offer paper, reusable, or compliant alternatives instead, with penalties for repeat violations.

Key details: Statute: DE 7 §6062. Effective: 2021, expanded 2022. Enforcer: DNREC. Local override?: Preempted.

DNREC issues warnings then escalating civil penalties up to $500 per day per location for continuing violations.

This is one of the stricter rules in Wilmington's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Polystyrene Foam Rules

Delaware bans expanded polystyrene foam food service containers statewide under DE 7 §6080 et seq. Wilmington restaurants and food retailers must use approved alternatives such as paper, aluminum, or compostable containers.

Key details: Statute: DE Title 7 (HB 130). Banned: Foam clamshells, cups, plates. Enforcer: DNREC. Waivers: Limited hardship only.

DNREC may issue warnings, civil penalties, and corrective orders. Repeated violations bring escalating fines per day.

This is not one of those rules that cities tend to ignore. Wilmington actively enforces its polystyrene foam rules requirements.

Plastic Straw Rules

Delaware restricts food establishments from automatically distributing single-use plastic straws and stirrers. Wilmington restaurants must provide them only when a customer specifically requests one.

Key details: Rule: Plastic straws on request. Enforcer: DNREC. Disability access: Must remain available. Statute: DE Title 7 plastics.

DNREC enforcement steps include written warning, education, then civil penalties for repeated noncompliance.

Utensils-On-Request

Delaware extends its on-request rule to single-use plastic utensils and condiment packets. Wilmington restaurants and delivery platforms must omit them from takeout orders unless the customer specifically asks.

Key details: Default: No utensils included. Covered: Restaurants + delivery apps. Trigger: Customer request only. Enforcer: DNREC.

Noncompliant restaurants face DNREC warnings, education, and civil penalties; recurring violations can be cited daily.

The Bottom Line

Wilmington is tougher than many cities when it comes to single-use items. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Wilmington, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Wilmington's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.