Birmingham's Relaxed Approach to Single-Use Items: What's Allowed
Birmingham maintains 126 local ordinances across all categories, and 4 of those deal specifically with single-use items. Here is a breakdown of what the city actually requires, what is prohibited, and where Birmingham falls on the strict-to-permissive spectrum compared to other cities.
Plastic Straw Rules
Birmingham cannot require restaurants to switch to paper straws or adopt straws-on-request rules because Alabama's 2019 auxiliary container preemption (AL Code 22-22B-1) covers single-use straws within its broad definition.
Key details: State preempt: AL Code 22-22B-1. Restaurant policy: Voluntary substitutions allowed. ADA access: Flex straws on request. City fine: None for straw use.
No municipal straw-related penalties apply in Birmingham. Restaurants are not fined for offering plastic straws. Littering straws falls under Title 10 anti-litter rules and Alabama state litter penalties.
The rules around plastic straw rules in Birmingham lean permissive, but that does not mean anything goes.
Plastic Bag Rules
Alabama Code Section 22-22B-1, enacted in 2019, prohibits Birmingham and every other Alabama municipality from regulating, taxing, or banning single-use plastic bags or other auxiliary containers used by retail and food establishments.
Key details: State preempt: AL Code 22-22B-1 (2019). City authority: None on bag policy. Covered items: Bags, cups, bottles, packages. Litter penalty: Title 10 anti-litter rules.
There are no local plastic-bag fines for retailers or shoppers in Birmingham. Littering plastic bags remains punishable under city Title 10 anti-litter rules and state litter statutes regardless of bag type.
If you are coming from a city with tighter rules, you will find Birmingham gives residents more flexibility on plastic bag rules.
Takeout Containers
Alabama's 2019 auxiliary container preemption blocks Birmingham from regulating the materials used for takeout food containers, leaving restaurants free to use plastic, foam, paper, or compostable packaging without city-imposed mandates or fees.
Key details: Preempt statute: AL Code 22-22B-1. City authority: None on materials. JCDH role: Food-contact safety. Federal law: FDA food-contact rules.
No local penalties apply for choice of takeout container material. JCDH inspectors may cite establishments using non-food-grade containers under state food-safety rules with fines up to $500 per violation.
The rules around takeout containers in Birmingham lean permissive, but that does not mean anything goes.
Polystyrene Foam Rules
Birmingham cannot ban or restrict polystyrene foam takeout containers because the same 2019 Alabama auxiliary-container preemption (AL Code 22-22B-1) covers foam cups, plates, and clamshells alongside plastic bags.
Key details: Preempt statute: AL Code 22-22B-1. Covered material: Foamed and extruded polystyrene. City purchasing: May choose non-foam internally. Litter rules: Title 10 still enforced.
No local polystyrene penalties apply to restaurants or consumers. Littering foam containers in Birmingham parks, streets, or waterways remains punishable under Title 10 littering provisions and AL state litter law.
If you are coming from a city with tighter rules, you will find Birmingham gives residents more flexibility on polystyrene foam rules.
The Bottom Line
Compared to many U.S. cities, Birmingham gives residents more room on single-use items. 4 of the 4 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.
These rules come from Birmingham's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.