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

Every city handles single-use items a little differently. In Fargo, North Dakota, 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.

Polystyrene Foam Rules

Fargo cannot prohibit polystyrene foam takeout containers because NDCC §23.1-01-04 preempts local regulation of all disposable food containers, including foam clamshells and cups.

Key details: Preemption: NDCC 23.1-01-04. Foam ban: Not allowed locally. Voluntary switching: Common at chains. Coverage: All disposable containers.

Because residents and retailers face no penalty under preemption, the practical risk is to any city ordinance that would be invalid if challenged.

If you are coming from a city with tighter rules, you will find Fargo gives residents more flexibility on polystyrene foam rules.

Plastic Bag Rules

Fargo cannot ban or tax plastic shopping bags because NDCC §23.1-01-04, enacted in 2019, preempts local regulation of disposable food and merchandise containers, including bags and cups.

Key details: Preemption statute: NDCC 23.1-01-04. Year enacted: 2019. Local bag ban: Not allowed. Voluntary fees: Retailers may charge.

Because preemption applies to local government action rather than residents, individuals face no penalty, but a city ordinance attempting a ban would be invalid in court.

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

Plastic Straw Rules

Fargo cannot adopt local rules limiting plastic straws because NDCC §23.1-01-04 preempts municipal regulation of disposable food service items, including straws and utensils.

Key details: Preemption: NDCC 23.1-01-04. Local straw rule: Not allowed. Voluntary models: On-request, paper. Scope: Straws, utensils, stirrers.

There is no penalty against residents or businesses; the preemption simply invalidates any conflicting Fargo straw ordinance.

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

The Bottom Line

Compared to many U.S. cities, Fargo 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 Fargo's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.