Delaware Polystyrene Foam Foodware Restrictions

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.