16 Del. C. § 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.