DE SB130

Prohibits retail stores and wholesalers from selling, offering for sale, or distributing expanded polystyrene foam products, including food service packaging (cups, plates, bowls, containers), loose fill packaging (packing peanuts), and coolers

Exempts several products from the ban: portion cups of 2 ounces or less for hot foods, meat and fish trays for raw products (excluding black foam), coolers used to ship food requiring cold storage, and pre-packaged food items from manufacturers

Allows the Department of Natural Resources and Environmental Control to grant 1-year waivers when no feasible commercial alternative exists or when businesses with less than $500,000 in gross annual income lack reasonably affordable alternatives

Cites environmental and health concerns as justification, including that expanded polystyrene foam cannot be recycled in Delaware's curbside program, contains toxic substances styrene and benzene, takes 500 years to break down in landfills, and harms disadvantaged communities disproportionately

Takes effect January 1, 2027