2025 Delaware Code
Title 16 - Health and Safety
Chapter 30Q. Food Establishments; Polystyrene and Plastic Waste
§ 3002Q. Restrictions; beverage straws.

Universal Citation:
16 DE Code § 3002Q (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 3002Q. Restrictions; beverage straws.

(a) A food establishment may not provide a single-service plastic straw unless any of the following apply:

(1) A plastic straw is requested by a consumer.

(2) The plastic straw is for a patient or resident, if the food establishment is located in a hospital or long-term care facility.

(3) The plastic straw is attached to pre-packaged goods, including juice boxes.

(b) (1) A food establishment that provides straws must strive to ensure that single-service plastic straws always remain available upon request.

(2) A food establishment that provides a plastic straw to a consumer must provide it free of charge and may not inquire into the reason for the request.

(c) This section does not restrict a food establishment from providing compostable beverage straws that are not made from plastic.

84 Del. Laws, c. 177, § 2; 
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