Delaware 2025-2026 Regular Session

Delaware Senate Bill SB130

Introduced
5/7/25  
Introduced
6/17/25  
Refer
5/7/25  
Engrossed
6/25/25  

Caption

An Act To Amend Title 7 Of The Delaware Code Relating To Expanded Polystyrene Foam Products.

Impact

The bill introduces waivers which allow for a one-year renewable exemption from the ban for specific EPS products if the retailer can demonstrate financial hardship or the lack of commercially viable alternatives. Additionally, the bill explicitly excludes food establishments from the prohibition, providing a safety net for restaurants that already operate under specific existing regulations regarding EPS usage. The focus of SB130 is not just on the ban but also on encouraging retailers to seek sustainable alternatives that are environmentally friendly.

Summary

Senate Bill 130 aims to regulate the sale and distribution of expanded polystyrene foam (EPS) products, particularly focusing on food service packaging and coolers within the state of Delaware. The bill prohibits retail stores and wholesalers from selling certain EPS products that are known for their environmental impact, as they contribute significantly to landfill waste and are difficult to recycle. The legislation seeks to protect the environment by reducing the number of harmful waste materials in landfills, as EPS takes hundreds of years to break down and has been linked to potential health risks due to chemical leaching when in contact with hot foods or liquids.

Sentiment

The sentiment around SB130 is largely supportive among environmental groups and community advocates who see the bill as critical in addressing pollution and waste management issues. However, there are concerns from some local businesses about the potential financial impact of immediate regulatory changes. Supporters argue that the transition away from EPS products is necessary for the long-term sustainability of Delaware's ecosystems, while critics emphasize the need for a careful approach to avoid undue hardship on local businesses that depend on these materials for operations.

Contention

Opposition tends to center on fears of increased costs for businesses and challenges associated with finding alternative packaging solutions. Some stakeholders question the timing and logistics of the transition away from EPS products, particularly regarding available options that can feasibly replace EPS without affecting pricing or accessibility for consumers. Overall, the debate is framed between environmental responsibility and economic impact on local businesses, illustrating the complexities involved in implementing such environmental legislation.

Companion Bills

No companion bills found.

Previously Filed As

DE SB51

An Act To Amend Title 16 Of The Delaware Code Relating To The Use Of Single-service Plastic Implements And Polystyrene Containers In Food Establishments.

DE SB263

An Act Amending Title 7 Of The Delaware Code Relating To Solid Waste Recycling.

DE SB30

An Act To Amend Title 7 Of The Delaware Code Relating To Silviculture.

DE SB165

An Act To Amend Title 24 Of The Delaware Code Relating To Pharmacy.

DE SB272

An Act To Amend Titles 18 And 29 Of The Delaware Code Relating To Health Insurance, And Title 31 Of The Delaware Code Relating To Pharmacist Care.

DE SB22

An Act To Amend Title 31 Of The Delaware Code Relating To Establishing The Delaware Workforce Housing Program.

DE SB63

An Act To Amend Title 9 Of The Delaware Code Relating To Farms.

DE HB15

An Act To Amend Title 18 Of The Delaware Code Relating To Ovarian Cancer.

DE SB7

An Act To Amend Title 29 Of The Delaware Code Relating To The State Energy Office.

DE HB99

An Act To Amend Titles 7 And 29 Of The Delaware Code Relating To Climate Change.

Similar Bills

CA AB2921

Expanded Polystyrene Food Service Packaging Recovery and Recycling Act.

CA AB2916

Environmental health: floating devices: expanded polystyrene.

CA SB378

State parks: state beaches: expanded polystyrene food container and cooler ban.

DE SB51

An Act To Amend Title 16 Of The Delaware Code Relating To The Use Of Single-service Plastic Implements And Polystyrene Containers In Food Establishments.

AZ SB1101

Polystyrene foam food packaging; prohibition

AZ SB1359

Polystyrene foam food packaging; prohibition

CT HB06917

An Act Concerning The Management Of Solid Waste In The State.

RI H7063

Disposable Food Service Containers