AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS.

Legislation Document

SPONSOR:

Rep. Phillips & Sen. Paradee

Reps. Morrison, Snyder-Hall, Burns, Gorman, Kamela Smith; Sens. Cruce, Hansen

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 111

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REDUCING THE AUTOMATIC PROVISION OF SINGLE-USE EATING UTENSILS, CONDIMENT PACKETS, AND OTHER ITEMS.

WHEREAS, discarded single-service plastic items constitute a significant and growing portion of litter found in Delaware’s parks, beaches, streets, and other public spaces; and

WHEREAS, non-biodegradable and non-recyclable materials pose a challenge to any environmentally and financially responsible solid waste management program; and

WHEREAS, regulation of food packaging is necessary to encourage a recyclable waste stream and to reduce the volume of solid waste disposed and the economic and environmental costs of waste management; and

WHEREAS, New York City, Washington DC, Denver, Chicago, California, Washington State, numerous New Jersey municipalities, and others have passed Skip the Stuff laws to reduce the automatic dispensing of plastic utensils, condiments, and other single use items by food establishments; and

WHEREAS, many restaurant takeout and delivery orders are eaten at home or in an office, where reusable utensils are available and preferred; and

WHEREAS, the Department of Health and Social Services already regulates food establishments for health and safety measures and conducts routine enforcement inspections.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3001Q, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 3001Q. Definitions [Effective July 1, 2025].

For purposes of this chapter:

( ) “Beverage splash stick” means a device primarily intended to be used to keep heat and liquid from escaping a lidded cup.

( ) “Condiment packet” means an individual single-service container, sealed by the manufacturer, containing a sauce or other substance used to enhance the flavor of food, which may include mustard, ketchup, mayonnaise, soy sauce, hot sauce, or salad dressing.

( ) “Eating utensil” means a tool used for eating or drinking, including a knife, fork, spoon, or chopsticks. Eating utensils do not include beverage stirrers or beverage straws.

( ) “Food establishment” means as defined in the Delaware Food Code, Regulation 4458 of Title 16 of the Delaware Administrative Code [16 DE Admin. Code 4458], with the following exceptions:

1. A nonprofit organization is not a food establishment for purposes of this chapter.

2. A school serving any students from pre-kindergarten through 12

th

grade is not a food establishment for purposes of this chapter.

( ) “Napkin” means a piece of cloth or paper used to wipe a person’s hands or face or to protect garments while eating.

( ) “Single-use food service items” means items that may be provided as is or with packaging for food that is delivered, picked up, or taken to go from a food establishment, and includes eating utensils, napkins, condiment packets, straws, beverage splash sticks, beverage stirrers, and may include both plastic and non-plastic items.

( ) “Third-party food delivery platform”

means any website, mobile application, or other internet service that:

a. Offers or arranges for the sale of food or beverages prepared by, and the same day delivery or pickup of food, beverages, or other goods from a food establishment

, either independently or on behalf of the food establishment.

b. Is owned and operated by a person other than the person who owns the food establishment from which the food is sold, delivered, or picked up.

Section 2. Amend § 3005Q, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3005Q. Penalties [Effective July 1, 2025].

(a) Beginning July 1, 2026, a violation of § 3002Q, § 3003Q, or § 3004Q of this title or any rule or regulation promulgated thereunder shall be deemed a core item violation of the Delaware Food Code and subject to administrative penalty thereunder and under § 107 of Title 16.

(b) The license of a food establishment shall not be suspended or revoked solely for any single or reoccurring core item violation of § 3002Q,

§ 3003Q or § 3004Q

§ 3003Q, or § 3004Q

of this title or any rule or regulation promulgated thereunder.

(c)(1) The Secretary, or a person designated by the Secretary, must provide a written warning to a food establishment that violates any provision of this chapter.

(2) For a third or subsequent violation of this chapter, a food establishment is subject to the following civil penalties, which may be in addition to any administrative penalty under subsection (a) of this section:

a. $100 for the third violation.

b. $200 for the fourth violation.

c. $500 for the fifth or any subsequent violation.

(3) No food establishment may be subject to a total cumulative penalty under subsection (c)(2) that exceeds $1,500 per year.

Section 3. Amend Chapter 30Q, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3007Q. Restrictions on providing single-use food service items.

(a) A food establishment may only provide single-use food service items to a customer if explicitly requested by the customer.

(b) A food establishment must provide options to allow a customer to request single-use food service items upon submission of an order if such items are offered by the food service establishment fulfilling the order. Such options must be provided for all methods of ordering, including phone, internet, or orders made via third-party delivery platforms. A third-party delivery platform must provide food establishments with the ability to enable customers to request single-use food service items from food establishments that provide ready-to-eat food.

(c) A food establishment or employee of a food establishment may not make inquiry into the reason for a request for single-use food service items.

(d) A food establishment may maintain a self-service station at which single-use food service items are available without violating this section.

Section 4. This Act takes effect as follows:

(1) Sections 1 and 3 of this Act take effect on January 1, 2026.

(2) Section 2 of this Act takes effect 2 years after enactment.

SYNOPSIS

Like House Bill 111, this Substitute prohibits food establishments from providing any single-use food service items, whether plastic or not, unless specifically requested by a customer.

This Substitute also exempts nonprofit organizations and schools from the definition of food establishment, and adds civil fines for third and subsequent violations of Chapter 30Q of Title 16. This Substitute does not include the requirement for a written warning and correction period for core violations that was included in House Bill 111, but does specify that for first and second violations of the chapter, the Secretary must issue written warnings. These penalties take effect 2 years after enactment to allow time for businesses to become educated about the requirements of the law, while the remainder of the Act takes effect on January 1, 2026.

This Substitute also removes redundant and unnecessary terms from the definitions and body of the bill.

Unlike House Bill No. 111, this Substitute does not require third-party food delivery services or platforms to provide options to consumers for requesting single-use food service items. This Substitute also does not allow a food establishment to use information provided by a third-party food delivery service or platform about a customer’s request for single-use food service items as a complete defense in a proceeding to impose an administrative penalty.