Plastic Free Delaware has been working to reduce the sale and use of expanded polystyrene containers by restaurants, food vendors, and retail stores, and is building support for legislation which would restrict its use in all dining establishments.
In May 2021, two pieces of legislation (SB134 and SB140) were introduced by Senator Trey Paradee in the Delaware General Assembly (the primary difference being the assigned regulatory and enforcement agency). Both bills would also address plastic straws and picks. Plastic Free Delaware members and partners have been hard at work ever since working with prime sponsor Senator Trey Paradee and House Sponsor, Paul Baumbach, to develop a clarified bill and build support for action.
In May 2022, Senate Substitute 1 to Senate Bill 134 was introduced to replace the two earlier bills. SS1 to SB134 clarifies aspects of the proposed law and focuses attention on dining establishments, as regulated by Delaware's Division of Health and Social Services.
SENATE SUBSTITUTE 1 to SENATE BILL 134 (with Senate Amendment 1) passed the Delaware Senate on June 9th and was assigned to the House Economic Development/Banking/Insurance & Commerce Committee. It has not appeared on the agenda for June 21st. Time is of the essence as the General Assembly ends its work on June 30th.
YOUR VOICE letting your State Representative know that you support the bill and to ask for their support on the bill is critical now. PLEASE reach out to your state Representative now to convey your support for the legislation and to ask for their YES vote. SB134 is aimed at addressing the impacts of expanded polystyrene (Styrofoam) litter, pollution, and marine and human health impacts. The bill also addresses plastic straws and picks. Please take a moment now to ask your Delaware state Representative to support this bill aimed at reducing expanded polystyrene (Styrofoam) food service products in dining establishments in Delaware. Neighboring states, Maryland, Virginia, New Jersey, and also D.C. and NYC already have.
More information is available below. YOUR voice can make a difference!
Expanded Polystyrene is some particularly nasty stuff. It's a foam plastic made from toxic petrochemicals including benzene. It is not biodegradable nor compostable. Instead, it crumbles or photodegrades, breaking down into smaller and smaller toxic microplastic pieces, making it impossible to fully clean up once it is thrown away and escapes into our environment, and allowing it to easily migrate into our food chain and water supplies.
Polystyrene Foam is not accepted in curbside recycling. It's already banned in several other states including neighboring Maryland, Virginia, New Jersey, and D.C. because it's so harmful to our health and our environment.
Expanded Polystyrene foam is a human health & environmental justice issue. During the manufacturing process, workers exposed to styrene monomers have an increased risk of lymphoma, leukemia, and other forms of cancer. The industry ranks as the 5th largest creator of toxic wastes in the USA and these risks are especially prevalent in fenceline communities.
Expanded Polystyrene foam contributes to climate change. Single use plastic is derived from fossil fuel extraction and refining processes of oil and natural gas.
Polystyrene foam also makes its way into our storm drains and our waterways. It pollutes our environment, harms animals, and increases cleanup costs. Once in the water it will absorb 10 times more pesticides, fertilizers and chemicals than other kinds of plastic, increasing toxin exposure to fish and other aquatic animals and on up the food chain.
Safer and more sustainable alternatives are readily available. It’s time to get polystyrene foam out of Delaware once and for all.
Write to your Delaware state legislators today to ask them to protect us from expanded polystyrene by supporting a new bill being introduced.
Gratefully excerpted from Jan Dell, The Last Beach Cleanup
HIGHLIGHTED NEWS, APRIL 2019: Several states are just steps away from banning foam containers: Maryland, Maine, Colorado, Oregon, New Jersey among those vying to pass first-in-the-nation policy
US Chemical/Plastics Industry:
US Regulatory: Californians Against Waste (CAW) website summarizes harms of polystyrene and local bans. NCEL website has a map of proposed US plastics-related legislation including polystyrene. New York City Sanitation Department Determination for Recyclability of Food-Service Foam is a superb reference (link here).
Global News: Updated Survey Global EPS Foam Container Laws
Fast Food Companies: Updated Survey of use of EPS Foam – Plastic Pollution Coalition’s Global Fast Food Plastic Survey.
US Colleges: Updated Survey of use of EPS Foam – The Last Beach Cleanup’s U.S. College Plastic Survey.
EPS Foam Container Harms:
Innovations:
Headlines Promoting False Facts, Solutions & Confusion: