Polystyrene Foam Rules: Newark vs Wilmington
How do polystyrene foam rules rules compare between Newark, DE and Wilmington, DE?
Newark has fewer restrictions than Wilmington.
Newark, DE
New Castle County
Delaware restricts polystyrene foam foodservice containers and plastic stirrers under 16 Del.C. 134B, banning expanded polystyrene cups and clamshells statewide as of July 2025 phase-in.
View full Newark rules →Wilmington, DE
New Castle County
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.
View full Wilmington rules →Key Facts Comparison
| Fact | Newark | Wilmington |
|---|---|---|
| - | - | |
| Statute | - | DE Title 7 (HB 130) |
| Banned | - | Foam clamshells, cups, plates |
| Enforcer | - | DNREC |
| Waivers | - | Limited hardship only |
Highlighted rows indicate differences between cities.
Newark FAQ
Wilmington FAQ
Can a Wilmington food truck still use foam clamshells?
No. The state ban applies to mobile vendors as well as brick-and-mortar restaurants and retail food stores.
What can replace foam takeout containers?
Paper, molded fiber, aluminum, recyclable plastic, or certified compostable containers all comply.
Compare other topics
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