New Orleans's Single-Use Items: The Rules That Matter

Every city handles single-use items a little differently. In New Orleans, Louisiana, 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

Louisiana's 2020 preemption law (LA RS 33:4881) blocks New Orleans from banning polystyrene foam takeout containers. Local restaurants are encouraged but not required to switch to compostable or recyclable alternatives.

Key details: Preemption statute: LA RS 33:4881. Year enacted: 2020. Foam status: Allowed statewide. City tools: Voluntary procurement. Sanitary rules: LDH still applies.

There are no local penalties for using foam containers, since the state preempts local bans. Restaurants only face penalties for unsafe food contact materials under LDH Sanitary Code.

The rules around polystyrene foam rules in New Orleans lean permissive, but that does not mean anything goes.

Plastic Bag Rules

Louisiana law (LA RS 33:4881, enacted 2020) preempts local governments from banning, taxing, or regulating plastic bags, polystyrene, and similar containers. New Orleans cannot adopt a bag ban or fee under current state law.

Key details: Preemption statute: LA RS 33:4881. Year enacted: 2020. Items covered: Plastic bags, foam, cups. Local bans: Prohibited statewide. Local tools: Voluntary programs only.

Because the state preempts the issue, there are no local ban penalties to enforce. Cities passing such bans risk preemption challenges under LA RS 33:4881 and likely judicial invalidation.

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

Plastic Straw Rules

New Orleans cannot ban or restrict plastic straws under LA RS 33:4881 (2020), which preempts local container regulation. Restaurants may voluntarily switch to paper or upon-request straw policies.

Key details: Preemption statute: LA RS 33:4881. Year enacted: 2020. Local straw bans: Prohibited. ADA: Federal accommodation duty. Voluntary policies: Allowed and common.

There are no city penalties for offering plastic straws since state law preempts local bans. Restaurants violating ADA accommodation duties may face federal complaints unrelated to the straw debate.

New Orleans 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, New Orleans 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 New Orleans 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.