Indianapolis's Single-Use Items: The Rules That Matter

Every city handles single-use items a little differently. In Indianapolis, Indiana, 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

Indianapolis cannot ban polystyrene foam takeout containers or coolers. Indiana Code 36-1-3-5.6 sweeps in any auxiliary container regulation, and a 2018 update extended the preemption explicitly to cover food packaging materials beyond plastic bags.

Key details: Preemption: IC 36-1-3-5.6. Foam takeout ban: Not allowed. IPS foam phaseout: Voluntary, 2018. Hospital phaseouts: Voluntary procurement. Recycle curbside foam: Generally not accepted.

No retailer penalties exist because Indianapolis cannot adopt a polystyrene ban; any local ordinance attempting to do so would be invalidated under the state preemption statute.

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

Plastic Straw Rules

Indianapolis cannot require restaurants to switch to paper straws or to provide plastic straws only on request. Indiana Code 36-1-3-5.6 prevents any local regulation of single-use food service items, including straws.

Key details: Straws-on-request law: Not allowed locally. Preemption statute: IC 36-1-3-5.6. Voluntary phaseouts: Permitted and common. Disability accommodation: Always allowed. Comparable state law: California AB 1884.

No enforcement exists because Indianapolis cannot mandate straw practices; any ordinance attempting to require alternatives would be void under IC 36-1-3-5.6.

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

Plastic Bag Rules

Indianapolis cannot enforce a plastic bag ban or fee. Indiana Code § 36-1-3-8.6 prohibits any local government from imposing any 'prohibition, restriction, fee, or tax with respect to auxiliary containers.' Governor Pence signed the preemption (HB 1053) into law in March 2016, blocking an Indianapolis-Marion County proposal.

Key details: Local Ordinance: None — proposal blocked 2016. Preemption Statute: Indiana Code § 36-1-3-8.6 (2016). Original Bill: HB 1053 (Pence, March 23, 2016). Original Target: Proposed 10-cent Indianapolis bag fee. Carve-Out: Curbside recycling programs preserved.

Indianapolis cannot cite retailers or shoppers for bag use. Bag-related litter is enforced under Marion County Code § 575 (Solid Waste) and I.C. § 35-45-3-2 (criminal littering). Putting plastic bags in the recycling subscription cart is contamination, handled through education rather than fines.

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

The Bottom Line

Compared to many U.S. cities, Indianapolis 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.

Keep in mind that Indianapolis can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.