What applies in Delaware
Without a state law, products sold in Delaware still have to meet federal rules, including EPA's one-time TSCA PFAS reporting rule, and any product sold into other states has to meet those states' bans. Retailers selling nationally often apply the strictest state rule across their range.
Neighboring states with PFAS laws: Maryland (2 product bans), New Jersey (4 product bans).
Bills and pending action
- House Substitute 1 for HB 356 (2025-2026, 153rd General Assembly): An Act to Amend Title 16 of the Delaware Code Relating to PFAS in Firefighting Foam and Equipment
Passed House and Senate; awaiting Governor's signature as of September 21, 2026 (September 21, 2026)
Would restrict sale and use of Class B PFAS-containing firefighting foam, with limited emergency waivers according to committee reporting on the substitute bill. Passed House 35-1 (June 9, 2026) and Senate 21-0 (June 30, 2026); still listed on Delaware's official 'legislation awaiting Governor's action' report as of September 21, 2026. Source