Delaware Code
Subchapter II. Powers and Duties Generally; Regulations and Orders
§ 140B. Default beverages offered in children's meals.

(a) A restaurant offering children's meals for sale that include a beverage must offer as a default beverage with the children's meal 1 or more of the following:

(1) Water, sparkling water, or flavored water that has no added sugar, corn syrup, or other natural or artificial sweeteners.
(2) Flavored or unflavored whole milk, nonfat or low-fat 1% or 2% dairy milk or no-dairy beverage that is nutritionally equivalent to fluid milk in a serving of 8 ounces or less.
(3) One hundred percent fruit juice or vegetable juice, combination of fruit juice and vegetable juice, or fruit juice or vegetable juice combined with water or carbonated water that has no added natural or artificial sweetener, in a serving size of 8 ounces or less.
(b) For purposes of this section:

(1) “Children's meal” means a combination of food and beverage, sold together at a single price by a restaurant, primarily intended for consumption by children.
(2) “Default beverage” means a beverage automatically included or offered as part of a children's meal absent a specific request for a substitute or alternate beverage by the purchaser of the children's meal.
(3) “Restaurant” means a commercial establishment that serves food to customers for consumption on or off the premises.
(c) The Department shall promulgate and enforce standards to regulate this section as empowered under § 122(3)u.1. of this title. The standards shall reflect that enforcement of this section, when considered separate from other violations, may not result in fines, fees or other monetary penalties.
(d) Nothing in this section shall prohibit a restaurant from selling, or a customer from purchasing, an alternative to the default beverage if requested by the purchaser of the children's meal.

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