Delaware Statewide Rule
Delaware Plastic Straw Upon Request Rules
Key Facts
- Statute
- 16 Del. C. Section 3002Q
- Rule
- Plastic straws upon request only
- Healthcare
- Facilities exempt
- Accessibility
- Flexible straws remain available
- Effective
- July 1, 2025
Summary
Delaware now limits single-use plastic straws to upon-request under 16 Del. C. Section 3002Q, added by SB 51. A food establishment may provide a plastic straw only when a customer requests one; healthcare facilities are exempt. The law took effect July 1, 2025.
§ 3002Q. Restrictions; beverage straws. (a) A food establishment may not provide a single-service plastic straw unless any of the following apply: (1) A plastic straw is requested by a consumer. (2) The plastic straw is for a patient or resident, if the food establishment is located in a hospital or long-term care facility. (3) The plastic straw is attached to pre-packaged goods, including juice boxes. (b) (1) A food establishment that provides straws must strive to ensure that single-service plastic straws always remain available upon request. (2) A food establishment that provides a plastic straw to a consumer must provide it free of charge and may not inquire into the reason for the request. (c) This section does not restrict a food establishment from providing compostable beverage straws that are not made from plastic.
Full Breakdown
SB 51 added Chapter 30Q to Title 16. Under Section 3002Q, a food establishment may provide a single-use plastic beverage straw only upon a consumer's request, with an exception for healthcare facilities. This replaced Delaware's earlier voluntary approach with a legal requirement. The restriction took effect July 1, 2025, and violations are enforced as Food Code core item violations beginning July 1, 2026. Flexible straws must remain available for people with disabilities who need them. Municipalities may add compatible rules.
Violations & Penalties
Providing plastic straws other than upon request violates 16 Del. C. Section 3002Q, enforced as a Food Code core item violation beginning July 1, 2026, subject to Division of Public Health penalties.
Frequently Asked Questions
Can a Delaware restaurant freely give out plastic straws?
Are paper straws required in Delaware?
Sources
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