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.
Delaware enacted SB 51 amending Title 16 to prohibit food establishments from providing prepared food in polystyrene foam containers. The law also restricts plastic beverage stirrers and certain single-use plastics. Implementation is phased, with the broadest restrictions applicable statewide. Schools, hospitals, and food establishments must transition to compostable, recyclable, or reusable alternatives. Limited hardship exemptions are available through the Department of Health and Social Services.
Violations may result in administrative fines up to 500 dollars per offense after warning, with repeat violations escalating under DHSS enforcement.
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Side-by-side rule comparisons with other cities in New Castle County.
See how Newark's polystyrene foam rules rules stack up against other locations.
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