Delaware Statewide Rule

Delaware Polystyrene Foam Foodware Restrictions

Some RestrictionsApplies statewide across Delaware (2026)

Key Facts

Statute: 16 Del. C. Ch. 30Q
Foam ban: No polystyrene foam foodware
Stirrers and picks: Single-service plastic restricted
Effective: July 1, 2025
Enforcement: Division of Public Health

Last verified: September 5, 2026Source: Delaware Code

Summary

Delaware bans polystyrene foam food service packaging under 16 Del. C. Chapter 30Q (Section 3004Q), added by SB 51. Food establishments may not serve ready-to-eat food in foam containers, and single-service plastic stirrers and picks are restricted, with the foam ban effective July 1, 2025.

§ 3004Q. Restrictions; polystyrene foam food service packaging. (a) A food establishment may not provide ready-to-eat food to a consumer in polystyrene foam food service packaging. (b) This section does not apply to any of the following: (1) Pre-packaged food. (2) Food provided to a patient or resident by a health-care provider. (3) Until July 1, 2026, food provided in a Level IV or Level V Department of Correction facility. (c) Food establishments are encouraged not to use or sell food that is pre-packaged in polystyrene foam food service packaging. 84 Del. Laws, c. 177, § 2; 85 Del. Laws, c. 66, § 1; § 3005Q.

Source: Delaware CodeView official code

Full Breakdown

SB 51 (2023-2024) added Chapter 30Q to Title 16. Section 3004Q prohibits food establishments from providing ready-to-eat food in polystyrene foam food service packaging; Section 3003Q restricts single-service plastic stirrers, cocktail picks, and sandwich picks; and Section 3002Q limits plastic straws to upon-request. The foam prohibition took effect July 1, 2025, and violations are enforced as Food Code core item violations beginning July 1, 2026. The Division of Public Health administers the program. Limited product and packaging exemptions apply, including raw meat, poultry, and seafood packaging.

Violations & Penalties

Violations of Sections 3002Q through 3004Q are treated as Delaware Food Code core item violations beginning July 1, 2026, subject to administrative penalties and escalating enforcement by the Division of Public Health.

Frequently Asked Questions

Are polystyrene meat trays banned in Delaware?

Pre-packaged raw meat trays from manufacturers are generally exempt; the ban targets prepared food containers used by retail food establishments.

Do schools have to comply with the foam ban?

Yes, public school cafeterias must transition away from foam foodservice containers under the statewide phase-in schedule.

Sources

16 Del.C. Chapter 1, Subchapter II

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