How Albuquerque Handles Single-Use Items: A Practical Guide

Albuquerque maintains 195 local ordinances across all categories, and 3 of those deal specifically with single-use items. Here is a breakdown of what the city actually requires, what is prohibited, and where Albuquerque falls on the strict-to-permissive spectrum compared to other cities.

Plastic Bag Rules

Albuquerque's 2020 single-use plastic bag ban was repealed in 2022, and New Mexico has no statewide bag law, so retailers may currently provide thin plastic carryout bags without a city fee or restriction.

Key details: Original ban year: 2020. Repeal year: 2022. State preemption: None — silent statute. Current status: Plastic bags allowed. Voluntary policies: Allowed by retailers.

There is no current Albuquerque or New Mexico violation for distributing plastic bags, but commercial litter from escaped bags can trigger Solid Waste and stormwater enforcement.

The rules around plastic bag rules in Albuquerque lean permissive, but that does not mean anything goes.

Polystyrene Foam Rules

Albuquerque has no foam container ban; polystyrene takeout containers, cups, and packing peanuts remain legal at restaurants and retailers, with no statewide New Mexico restriction in force as of 2026.

Key details: City foam ban: None. State foam ban: None. Curbside recycling: Not accepted. Drop-off option: Convenience Center. Voluntary program: Sustainability Office.

There is no Albuquerque or NM penalty for using polystyrene, but improper disposal as litter triggers solid-waste fines and stormwater enforcement under city ordinances.

The rules around polystyrene foam rules in Albuquerque lean permissive, but that does not mean anything goes.

Plastic Straw Rules

Albuquerque has no plastic straw ordinance, and New Mexico imposes no statewide restriction, so restaurants and bars may freely provide plastic straws to customers without an upon-request rule or fee.

Key details: City straw rule: None. State straw rule: None. ADA protection: Flexible straws on request. Voluntary practice: Encouraged citywide. Litter enforcement: Standard city solid-waste rules.

There is no Albuquerque or NM straw violation. Litter from discarded straws may be cited under the city solid-waste and anti-litter ordinances.

Albuquerque is more permissive than most cities when it comes to plastic straw rules. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Albuquerque gives residents more room on single-use items. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

All of the above reflects Albuquerque's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.