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

Every city handles single-use items a little differently. In Detroit, Michigan, 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

Detroit cannot enforce a plastic bag ban or fee. MCL 445.592 (Michigan Public Act 389 of 2016) bars all Michigan local units of government from adopting any ordinance regulating, restricting, or imposing a fee on 'auxiliary containers' — bags, cups, bottles, and packaging.

Key details: Local Ordinance: None — Michigan preempts. Preemption Statute: MCL 445.592 (Public Act 389 of 2016). Effective Date: March 28, 2017. Original Target: Washtenaw County's 10-cent bag fee (voided). Curbside Status: Bags NOT accepted in recycling cart.

Detroit cannot cite retailers or shoppers for bag distribution. Bag-related litter is enforceable through Detroit City Code Chapter 22 (Environment) and MCL 324.8905 (state littering offense, up to 90 days and $500). Putting plastic bags in the curbside cart is a contamination issue handled through education.

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

Polystyrene Foam Rules

Detroit cannot ban polystyrene foam takeout containers because Michigan's auxiliary container preemption MCL §445.594c covers cups, containers, and bottles in addition to plastic bags. Voluntary reduction programs are the only local lever.

Key details: Preemption: MCL §445.594c. Foam ban: Not allowed locally. City facilities: Voluntary phase-out. Litter rules: Detroit Code Ch. 38. State repeal: Pending.

There is no city penalty for selling or distributing polystyrene products. Litter, dumpster overflow, or public-event vendors violating city procurement rules can still be cited under Chapter 38 or special-event permits.

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

Plastic Straw Rules

Detroit cannot require restaurants to provide plastic straws on request only or ban them outright. MCL §445.594c preempts local regulation of single-use cups, lids, straws, and related items, leaving the choice to each operator.

Key details: Preemption: MCL §445.594c. Local mandate allowed: No. Voluntary models: Permitted. ADA backstop: Title III. Enforcement: None at city level.

There is no Detroit penalty for offering or withholding plastic straws. Restaurants that fail to accommodate disabilities by refusing straws to customers who need them risk Title III ADA complaints rather than city citations.

Detroit 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, Detroit 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 Detroit'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.