Bill > HB111

This bill aims to reduce waste by prohibiting food establishments from automatically providing single-use food service items like utensils, napkins, and condiment packets without a customer's explicit request. The legislation defines single-use food service items as disposable items such as eating utensils, napkins, condiment packets, straws, and beverage stirrers that are provided with takeout, delivery, or to-go orders. Food establishments must provide clear options for customers to request these items when placing orders through any method, including phone and internet, and staff are forbidden from asking why a customer wants these items. The bill includes exemptions for certain types of establishments like schools, nonprofits, healthcare facilities, and correctional facilities. Establishments can still maintain self-serve stations with these items. Enforcement includes a graduated penalty system, starting with a written warning for first and second violations, and escalating to financial penalties of $100 for the third violation, $200 for the fourth, and $500 for the fifth or subsequent violations, with a maximum annual penalty of $1,500. The law will take effect on January 1, 2026, and is part of a broader trend of "Skip the Stuff" laws aimed at reducing unnecessary waste from food packaging and single-use items.

Business and Industry

https://legis.delaware.gov/BillDetail?LegislationId=142074