Delaware bill banning single-use food service items sparks debate

Delawareans may soon be having fewer forks, chopsticks and ketchup packets in their junk drawers.

A House bill would ban Delaware food establishments from supplying those and other single-use food items unless specifically requested by customers. The legislation was introduced earlier this spring, substituted earlier this month and is slated for further consideration on June 25.

The bill argues that discarded single-use food service items make up "a significant and growing portion of litter found” across the First State. Regulating food packaging is crucial “to encourage a recyclable waste stream,” as well as reducing the amount of solid waste thrown away, the bill says.

Outside of Legislative Hall, however, food establishments argue the bill will increase customer dissatisfaction.

Sponsored by Rep. Sophie Phillips, House Bill 111 would bar food establishments from “providing any single-use food service items” – plastic or not – unless they are “specifically requested by a customer.”

These items would include:

Establishments do have the option to “maintain a self-service station” with these items available “without violating” this new change.

Nonprofit organizations and schools would be exempt from this rule.

The bill also outlines what would happen if an establishment fails to adapt to these changes.

First, the secretary or a designated representative is required to issue “a written warning” to an establishment should it violate any of these provisions. Upon the second violation, another written warning is issued.

Upon the third or following violation, the establishment could be subject to civil penalties, including:

Food establishment licenses “shall not be suspended or revoked” merely for one any single or reoccurring core item violation,” according to the bill.

Phillips said that the goal of this legislation is to not only “reduce plastic usage” but also help cut back on “our reliance on fossil fuels” and ensure Delawareans are thinking about and starting to use more renewable materials.

“We want to use more reusable and sustainable materials,” Phillips said. “And I think if we don’t start reducing our plastic usage, then we’re never really going to get to that spot where we need these alternatives.”

Kelly Jacobs of the non-profit Eco-Plastic Products of Delaware said the bill will be “a win for the environment.”

“Any small action or decision that reduces post-consumer plastic waste and post-consumer waste in general, and therefore then encourages more environmentally sustainable behavior, is a win in my book,” Jacobs said.

Many in the First State food establishment industry don’t see it that way.

President and CEO of the Delaware Restaurant Association Carrie Leishman said having this bill in place poses a plethora of issues.

“We’re about customer service – we want to do what’s right for them,” Leishman said. “And if they are unaware of legislation, if they don’t know what’s happening, then it’s really the restaurant that gets the bad Yelp review...for trying to do the right thing.”

Leishman also feels this should be “a voluntary, educational public awareness campaign,” like efforts related to littering or wearing seatbelts.

“This should not be a mandate,” she said. “It’s very unworkable.”

Xavier Teixido, the owner of Harry's Savoy Grill in Wilmington, also believes these changes will lead to “a lot more guest dissatisfaction with the industry” – an industry that is already running on tight margins and dealing with “increased costs and expenses every day,” among other challenges.

“A lot of restaurants, we’re busy, we’re understaffed at times,” Teixido said. “And it doesn’t take much to slip up and something like this for somebody to come after you.”

Alex Heidenberger of Mango’s at Bethany Beach shared similar concerns, noting how the industry currently faces “a lot of unique challenges,” from inflation to raises in minimum wage.

“And right now, and in the economical climate that we’re in, we’re operating on razor-thin margins,” Heidenberger said. “We’re not making the money that people think that we’re making – our industry’s very, very tight.”

“I hate seeing businesses go out of business, and I don’t know if this is something that would necessarily force businesses out, but it certainly makes something that’s easy now a lot more difficult,” Heidenberger said.

As of now, several similar bans have been enacted across the country.

Washington, D.C., enacted the Zero Waste Omnibus Amendment Act in 2020, which banned “all District entities that serve food”– including restaurants, bars, hospitals and schools – from providing “accessory” one-use food service items “unless first requested by the customer.”

The new requirements are intended not only to cut back on waste but also help save many businesses “time and money.”

New York City passed ‘Skip the Stuff’ law in 2023. The law prohibits food service-based establishments, delivery platforms and couriers from providing one-use items, including napkins and eating utensils, for delivery and takeout orders, unless requested by a customer.

Several towns and municipalities in neighboring New Jersey – including Hoboken, Montclair and Neptune – as well as California and Washington, have also approved similar legislation.

This isn’t the first law Delaware has introduced to try to cut back on waste.

First State lawmakers passed a law that barred retailers from providing plastic carryout bags, which has been in effect since 2022.

Restaurants are exempt from this rule.

Legislators also passed a law that prohibited food service establishments from providing customers ready-made food or beverages in polystyrene foam containers – more commonly known as Styrofoam – two years earlier, a ban slated to go into effect on July 1.

The law also bars food establishments from providing single-use cocktail and sandwich picks or plastic coffee stirrers.

More recently, state lawmakers have introduced Senate Bill 187, which would exempt correctional facilities from these restrictions.

The bill recently cleared the House Public Safety & Homeland Security Committee on June 17.

The bill is slated for discussion in front of the House Economic Development/Banking/Insurance & Commerce Committee on June 25.

If passed and signed into law, the penalties listed would go into effect two years after ratification, to help educate businesses on “the requirements of the law.”

The remaining sections of the bill would go into effect on Jan. 1, 2026.

Olivia Montes covers state government and community impact for Delaware Online/The News Journal. If you have a tip or a story idea, reach out to her [email protected].