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.

The bill transitions from a one-sentence clarifying amendment to a full substitute that rewrites Chapter 30Q of Title 16, establishing the complete regulatory framework for restricting automatic provision of single-use food service items.

New section 3001Q adds formal definitions for beverage splash stick, condiment packet, eating utensil, napkin, and single-use food service items. Notably clarifies that containers (cups, boxes, wrappers, bags) are NOT single-use food service items.

Section 3007Q(a) exempts nonprofit organizations, schools serving pre-K through grade 12, early childhood centers, health care facilities, DCYF-operated facilities, and Level IV/V correctional facilities from the definition of 'food establishment.'

Section 3007Q(b) requires that food establishments may only provide single-use items if explicitly requested by the customer. Section (c) requires offering request options through all ordering methods including phone and internet.

Section 3007Q(d) prohibits food establishments or employees from inquiring into the reason a customer requests single-use items, and section (e) permits self-service stations for these items without violating the law.

Section 3005Q adds a tiered penalty structure: written warning for first violations, then $100 (third), $200 (fourth), and $500 (fifth+) in civil penalties, capped at $1,500 cumulative per year.

Core restrictions and definitions take effect January 1, 2026. Penalty provisions take effect 2 years after enactment, giving establishments a grace period before fines apply.