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SB51 – Banning Single Use Take out Foam Containers at Restaurants

Senate Bill 51 is another bill seeking to curb single use plastic or styrofoam containers often used by restaurants that are not recyclable and are not biodegradable.

The bill 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. These restrictions would take effect on July 1, 2025.

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

  • 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.
  • 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.
  • 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.

The bill has been released from its committee and is currently on the Senate Ready List and could get a vote next week.

Senate Bill 51 – Banning Single Use Take out Foam Containers at RestaurantsCurrrent Status – Out of Committee 3/29/23
House SponsorsBaumbach, Phillips, Chukwuocha, Griffith, Harris, Heffernan, Johnson, Lynn, Morrison, Parker Selby, Romer // SmithSenate Sponsors Paradee, Gay, Hansen, Lockman, Pinkney, Sokola, Sturgeon, Townsend
House Yes VotesSenate Yes Votes
House No VotesSenate No Votes
House Absents or Not VotingSenate Absent or Not Voting

Delaware politics from a liberal, progressive and Democratic perspective. Keep Delaware Blue.

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