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Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

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SB178 • 2025

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF POLYSTYRENE FOAM FOOD SERVICE PACKAGING IN LEVEL IV AND LEVEL V DEPARTMENT OF CORRECTION FACILITIES.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF POLYSTYRENE FOAM FOOD SERVICE PACKAGING IN LEVEL IV AND LEVEL V DEPARTMENT OF CORRECTION FACILITIES.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Pinkney
Last action
2025-07-01
Official status
Signed 7/1/25
Effective date
Not listed

Plain English Breakdown

The official source does not provide information on whether other places are still banned from using polystyrene foam, but it is implied that the ban applies to all food establishments except Level IV and V correctional facilities.

Exemption from Polystyrene Foam Food Packaging Ban for High-Security Prisons

This law allows Level IV and Level V correctional facilities in Delaware to continue using polystyrene foam food packaging, even though other places are not allowed to use it.

What This Bill Does

  • Allows high-security prisons (Level IV and Level V) to keep using polystyrene foam for food containers.

Who It Names or Affects

  • Level IV and Level V Department of Correction facilities in Delaware
  • The inmates housed in these high-security prisons

Terms To Know

polystyrene foam food service packaging
A type of plastic container used for serving food, often called Styrofoam.
Level IV and Level V Department of Correction facilities
High-security prisons that house inmates who pose a higher risk to public safety.

Limits and Unknowns

  • The law only applies to specific correctional facilities, not all food service providers in Delaware.
  • It does not address the environmental impact of using polystyrene foam packaging.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SA 1

1 • Pinkney

Passed 6/12/25

Plain English: This amendment changes Senate Bill No. 178 by removing a complete exemption for Level IV and Level V Department of Correction facilities from restrictions on using polystyrene foam food packaging until July 1, 2026.

  • Removes the full exemption for Level IV and Level V correctional facilities from restrictions on polystyrene foam food service packaging.
  • Requires these correctional facilities to follow the same rules about using polystyrene foam as other places starting July 1, 2026.
  • The amendment does not provide details on what specific restrictions will apply after July 1, 2026.

Bill History

  1. 2025-07-01 Delaware General Assembly

    Signed by Governor

  2. 2025-06-25 Delaware General Assembly

    Passed By House. Votes: 38 YES 2 ABSENT 1 VACANT

  3. 2025-06-17 Delaware General Assembly

    Reported Out of Committee (Public Safety & Homeland Security) in House with 6 On Its Merits

  4. 2025-06-12 Delaware General Assembly

    Amendment SA 1 to SB 178 - Passed By Senate. Votes: 19 YES 2 ABSENT

  5. 2025-06-12 Delaware General Assembly

    Passed By Senate. Votes: 19 YES 2 ABSENT

  6. 2025-06-12 Delaware General Assembly

    Assigned to Public Safety & Homeland Security Committee in House

  7. 2025-06-11 Delaware General Assembly

    Reported Out of Committee (Corrections & Public Safety) in Senate with 4 On Its Merits

  8. 2025-06-05 Delaware General Assembly

    Introduced and Assigned to Corrections & Public Safety Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF POLYSTYRENE FOAM FOOD SERVICE PACKAGING IN LEVEL IV AND LEVEL V DEPARTMENT OF CORRECTION FACILITIES.
This Act exempts food served in Level IV and Level V correctional facilities from restrictions on the use of polystyrene foam food service packaging. Scheduled to go into effect on July 1, 2025, § 3004Q of Title 16 prohibits food establishments from providing ready-to-eat food in polystyrene foam food service packaging. This prohibition would create significant hardships and increase costs for the Department of Correction (“Department”), which uses polystyrene foam food service packaging in the course of providing over 14,000 meals per day to Department inmates.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Pinkney & Rep. Cooke

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 178

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF POLYSTYRENE FOAM FOOD SERVICE PACKAGING IN LEVEL IV AND LEVEL V DEPARTMENT OF CORRECTION FACILITIES.

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

Section 1. Amend § 3004Q, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3004Q. Restrictions; polystyrene foam food service packaging [Effective July 1, 2025].

(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:

(3) Food provided in a Level IV or Level V Department of Correction facility.

SYNOPSIS

This Act exempts food served in Level IV and Level V correctional facilities from restrictions on the use of polystyrene foam food service packaging. Scheduled to go into effect on July 1, 2025, § 3004Q of Title 16 prohibits food establishments from providing ready-to-eat food in polystyrene foam food service packaging. This prohibition would create significant hardships and increase costs for the Department of Correction (“Department”), which uses polystyrene foam food service packaging in the course of providing over 14,000 meals per day to Department inmates.

Author: Senator Pinkney