Styrofoam/Polystyrene Food Containers & Single-Service Plastic Straws/Stirrers/Etc. Now Prohibited in DE

Legislation from the 152^nd Delaware General Assembly goes into effect today. Senate Bill 51, which prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer.

There are exceptions. Styrofoam food packaging does not apply to fire companies, health-care providers, and non-profits.

Additional information from the legislation:

This Act provides the following exemptions to the prohibitions on single-service plastic implements and polystyrene foam containers:

1. The definition of “polystyrene foam food service packaging” excludes coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables.

2. The prohibition on plastic straws does not apply to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes.

3. The restriction on providing ready-to-eat food in polystyrene foam food service packaging does not apply to any of the following: 

• Fire companies.
• Health-care providers that provide long-term, acute, and outpatient health-care services.
• Nonprofit organizations, including religious institutions.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.