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.

This Substitute to House Bill No. 111 prohibits food establishments from providing any single-use food service items unless requested by a customer, requires food establishments to provide options to allow the customer to request such items, prohibits food establishments from inquiring into the reason for a request for single-use food service items, and allows food establishments to maintain self-serve stations at which single-use food service items are available. This Substitute sets forth penalties for third and subsequent violations of this Act, not to exceed a cumulative total of $1,500 per year. This Substitute exempts, for purposes of this Act, nonprofit organizations, schools, early childhood centers, health care facilities, facilities operated by the Department of Children, Youth, and Their Families, and Level IV and Level V Department of Correction facilities from the definition of “food establishment.” The penalty provisions of this Act are effective 2 years after enactment. This Substitute includes language to clarify that “single-use food service items” do not include items used to contain or secure food or beverages that are delivered, picked up, or taken to go from a food establishment, such as cups, boxes, sandwich picks, wrappers, and bags. Also for clarity and to address confusion arising out of House Substitute No. 1 to House Bill No. 111, this Substitute does not include an unchanged subsection of existing code that is unaffected by and does not affect the provisions of this Act.