Delaware’s Plastic Bag Ban Isn’t What You Think. 6 Rules People Still Trip Over

A thick plastic bag with handles feels like it should count as reusable.

Under Delaware’s 2019 law, a store could hand one out as reusable if it was at least 2.25 mils thick. A 2021 amendment changed that.

Here’s what Delaware’s plastic bag ban really covers, and the rules people still trip over.

Note: This is general information, not legal advice. Delaware’s bag rules and penalty amounts are subject to change, so confirm the current requirements with DNREC.

1. Stores of Any Size

DNREC’s June 2022 announcement said the plastic carryout bag ban reaches all retail stores regardless of size.

That includes the gift shop where you grab a souvenir as much as the supermarket where you buy dinner.

That wasn’t always true.

The first version took effect January 1, 2021, and covered stores with at least 7,000 square feet of retail space.

It also reached chains with three or more locations of at least 3,000 square feet each.

That size test ended on July 1, 2022.

Per DNREC’s retailer FAQ, the only exceptions are restaurants, and the code’s definition of a store excludes them too.

2. Bag Thickness

A heavy plastic bag counts the same as a thin one, however sturdy it feels in your hand.

Under the 2019 law, a store could hand out a plastic bag with handles as reusable if it was at least 2.25 mils thick.

The 2021 amendment closed that option, effective July 1, 2022.

To count as reusable now, a bag has to be fabric, such as polypropylene, nylon, cloth, cotton, jute, hemp or other washable fabric, with stitched handles.

If a store hands you a thick plastic bag with handles at checkout, that bag likely breaks the ban.

3. Exempt Bag List

Section 6099A(e)(3) of the Delaware Code still allows plastic bags for a short list of jobs.

Those include wrapping frozen food, meat, fish, flowers and potted plants, plus other items where dampness must be contained.

Bags customers use inside the store to package loose items, such as nuts, ground coffee and grains, qualify too.

So do multi-pack garbage, pet waste and yard waste bags, and plastic covers over clothing on hangers.

Pet stores can use plastic for live animals such as fish or insects, and any store can use it to carry pesticides or drain cleaner.

That’s why loose nuts can ride in a plastic bag, while the bag you carry your groceries out in can’t.

Two exemptions, protective bags and clothing covers, apply only to bags without handles.

4. Store Recycling Bins

Any store that still hands out the exempt plastic bags has to run an at-store recycling program.

That means a drop-off bin you can see and reach inside the store, and it takes clean, dry plastic bags and film.

The code excuses a store that eliminates all of the listed plastic bags from running one.

If you think a store should have a bin and doesn’t, DNREC’s consumer FAQ says to call 302-739-9403 or email recycle@delaware.gov, and an inspection of that store will be conducted.

5. Paper Bag Prices

Paper bags are still allowed.

A store may make them available at no cost or charge a price at its discretion.

Stores may charge at checkout for reusable bags too, the 2022 release says.

If you forget your reusable bags, check the price before you say yes to paper.

6. State Penalties

DNREC enforces the plastic carryout bag ban through administrative penalty orders.

The Cape Gazette reported in September 2024 that the department had fined nine Rehoboth Beach-area businesses $750 each for providing plastic film carryout bags at checkout.

It added that each business was ordered to refrain from giving plastic bags to customers and that the inspections came after complaints from the public.

A Christiana Mall store drew $750 after plastic carryout bags were seen being distributed at its point of sale on October 11, 2024.

A Wilmington pet store drew $750 in June 2025, after DNREC representatives saw it providing plastic carryout bags at the point of sale on May 21.