Delaware Statewide Rule
Delaware Statewide Plastic Carryout Bag Ban
Key Facts
- Statute
- 7 Del. C. Section 6099A
- Effective
- January 1, 2021
- Strengthened
- July 1, 2022
- Alternatives
- Recycled paper or reusable bags
- Enforcement
- DNREC
Summary
Delaware restricts single-use plastic carryout bags under 7 Del. C. Section 6099A, the at-store recycling program, effective January 1, 2021 and strengthened July 1, 2022. Covered stores must offer only recycled paper or reusable bags at checkout.
(e) Effective January 1, 2021, a "store" as defined in subsection (a) of this section shall not provide any single-use plastic carryout bag, as defined in subsection (a) of this section, to a customer at the point of sale except as provided in this section: (1) A store may make available for purchase or distribution at the point of sale a reusable grocery bag that meets the requirements of paragraph (a)(4) of this section. (2) A store may make paper bags available for no cost or charge any price at their discretion.
Full Breakdown
Under 7 Del. C. Section 6099A, larger stores and chains may not provide single-use plastic carryout bags at checkout. The restriction took effect January 1, 2021 and was strengthened effective July 1, 2022 to close the thick reusable-plastic loophole. Acceptable alternatives include recycled paper bags and reusable bags meeting durability standards. Exemptions cover bags used for bulk produce, meat, fish, prescriptions, dry cleaning, and similar items. DNREC enforces the program, issuing warnings before civil penalties.
Violations & Penalties
Retailers that provide banned single-use plastic carryout bags face civil penalties under 7 Del. C. Section 6099A, with DNREC issuing warnings before escalating fines.
Frequently Asked Questions
Can stores still offer plastic produce bags?
Are paper bags free under the law?
Sources
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