How Cleveland Handles Single-Use Items: A Practical Guide

If you live in Cleveland or are thinking about moving there, single-use items are one of those things you probably won't think about until they affect you directly. Cleveland has 3 specific rules on the books covering different aspects of single-use items, and some of them might surprise you.

Plastic Bag Rules

Ohio Revised Code §3737.83 (enacted 2019, effective 2020) preempts Ohio cities from banning or taxing single-use plastic bags, voiding Cuyahoga County's pioneering 2020 bag-fee ordinance and blocking any Cleveland ban.

Key details: Preemption statute: ORC §3737.83. Effective: 2021 statewide. Cuyahoga ordinance: Voided 2020. Local fees allowed: None.

Because the state preempts local action, Cleveland cannot cite retailers for distributing plastic bags; any local ban ordinance would be unenforceable in court under §3737.83.

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

Polystyrene Foam Rules

Ohio Revised Code §3737.83 also blocks Cleveland from banning expanded polystyrene foam food containers, which fall under the same auxiliary-container preemption that kills plastic bag bans.

Key details: Preemption: ORC §3737.83. Covers: EPS foam containers. Procurement bans: Likely allowed. Private retail bans: Preempted.

Cleveland cannot enforce a polystyrene ban against private retailers under §3737.83; only voluntary programs and city-internal procurement choices are legally available.

Cleveland is more permissive than most cities when it comes to polystyrene foam rules. That said, there are still limits.

Plastic Straw Rules

Plastic straw bans and on-request rules are also preempted by Ohio Revised Code §3737.83, leaving Cleveland restaurants free to distribute plastic straws absent voluntary policy or ADA-compliant alternatives.

Key details: State preemption: ORC §3737.83. Local rule: None enforceable. Voluntary switches: Common at chains. ADA concern: Flex straws must remain available.

There is no Cleveland or Ohio enforcement against plastic straw distribution; preemption under §3737.83 makes any local rule unenforceable in court.

Cleveland 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, Cleveland 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.

These rules come from Cleveland's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.