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.
House Bill 130 (2022), codified in Title 7 of the Delaware Code, prohibits food service establishments and retail food stores from selling, offering for sale, or providing prepared food in expanded polystyrene foam containers. The ban applies to clamshells, cups, plates, and trays. DNREC administers the program and may grant short-term financial-hardship waivers. The statute is statewide, so Wilmington food trucks, schools, and corner delis are all covered.
DNREC may issue warnings, civil penalties, and corrective orders. Repeated violations bring escalating fines per day.
Wilmington, DE
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Wilmington, DE
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See how Wilmington's polystyrene foam rules rules stack up against other locations.
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