Atlanta's Relaxed Approach to Single-Use Items: What's Allowed

Every city handles single-use items a little differently. In Atlanta, Georgia, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Plastic Bag Rules

Atlanta cannot ban or tax plastic carryout bags. Georgia HB 757 (2018), codified at OCGA Title 32 Chapter 2 Section 405, preempts auxiliary container regulation by local governments statewide.

Key details: State preemption: GA HB 757 (2018). Codified at: OCGA 32-2-405. Atlanta ban: Not allowed. Voluntary efforts: Reuse campaigns, ATL2050.

No city-level penalties exist because Atlanta cannot enact a ban. Any future Atlanta ordinance attempting to ban or fee plastic bags would be unenforceable and challengeable under OCGA Title 32 Chapter 2 Section 405.

If you are coming from a city with tighter rules, you will find Atlanta gives residents more flexibility on plastic bag rules.

Polystyrene Foam Rules

Atlanta cannot ban polystyrene foam takeout containers because Georgia HB 757 (OCGA 32-2-405) preempts local regulation of auxiliary containers. The city promotes voluntary alternatives in its own facilities.

Key details: Preemption: OCGA 32-2-405. City foam ban: Not allowed. Procurement: Voluntary phase-out. Plan: ATL2050 sustainability.

There are no city-level penalties for using foam, since Atlanta cannot regulate it. Any local ordinance banning polystyrene at retail would be preempted and unenforceable under state law and likely challenged in court.

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

Plastic Straw Rules

Atlanta cannot mandate plastic straw bans or upon-request rules under Georgia HB 757 auxiliary container preemption (OCGA 32-2-405). Restaurants may voluntarily switch to paper or upon-request service.

Key details: Preemption: OCGA 32-2-405. City straw rule: None mandatory. Industry trend: Voluntary upon-request. ADA factor: Flexible straws as access.

There are no city-level fines for using or providing plastic straws, because Atlanta cannot regulate them. Any city straw mandate would be preempted under OCGA 32-2-405 and unenforceable, and businesses that fail ADA accommodations face federal, not local, liability.

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

The Bottom Line

Compared to many U.S. cities, Atlanta 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 Atlanta'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.