DE HB111

Food establishments may only provide single-use food service items (utensils, napkins, condiment packets, straws, beverage splash sticks, stirrers) to customers who explicitly request them, effective January 1, 2026

Restaurants must offer customers the option to request single-use items through all ordering methods, including phone and internet orders, but cannot inquire why customers want these items

Self-service stations where customers can take single-use items remain permitted and do not violate the law

Exemptions apply to nonprofit organizations, pre-K through 12th grade schools, early childhood centers, health care facilities, Department of Services for Children, Youth and Their Families facilities, and Level IV/V correctional facilities

Civil penalties begin at third violation ($100), increase to $200 for fourth violation and $500 for fifth or subsequent violations, capped at $1,500 cumulative per year, with penalty provisions effective 2 years after enactment