The enactment of HB6654 will have far-reaching implications for manufacturers, distributors, and retailers of food service products. These entities will be restricted from selling any products made from expanded polystyrene, pushing them towards alternative materials that are more environmentally friendly. The bill also includes provisions for enforcement, introducing civil penalties for non-compliance. Notably, these penalties are tiered based on the frequency of violations, with first-time offenders receiving a written notification while repeated offenders face escalating fines. This regulatory framework aims to ensure adherence to the new law and foster compliance.
Summary
House Bill 6654, known as the 'Farewell to Foam Act of 2023', aims to prohibit the sale and distribution of expanded polystyrene food service ware, loose fill, and coolers commencing on January 1, 2026. This legislation targets products commonly used in food service and packaging, which are identified as major contributors to environmental pollution due to their difficulty in recycling and biodegradability issues. Supporters of the bill contend that it will lead to a significant reduction in plastic waste, thereby benefitting the environment and supporting sustainability efforts.
Contention
Despite the bill's intentions, debates surrounding HB6654 have surfaced regarding potential economic impacts and the feasibility of immediate compliance for small businesses. Critics argue that for some food service providers and retailers, transitioning away from polystyrene could increase costs and logistical challenges, which may be particularly burdensome for those with limited resources. Stakeholders representing the food and retail industries have called for more time to adjust to these sweeping changes, as well as clarified guidelines on acceptable alternative materials. Moreover, discussions touch on the adequacy of the proposed penalties and the effectiveness of the enforcement mechanisms outlined in the bill.
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.