Single-Use Items in Phoenix, AZ: What Residents Actually Need to Know

If you live in Phoenix 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. Phoenix has 3 specific rules on the books covering different aspects of single-use items, and some of them might surprise you.

Polystyrene Foam Rules

ARS section 9-500.38 preempts Phoenix from banning expanded polystyrene foam cups, plates, or clamshells. Restaurants and grocers may freely use EPS foam containers, and the city limits restrictions to its own facilities through procurement policy.

Key details: Preemption statute: ARS section 9-500.38. City foam ban: None for private use. City facilities: Voluntary procurement preference. Litter rules: Phoenix Code chapter 31.

There is no private-business penalty for using EPS foam in Phoenix. Improper disposal in city trash or stormwater can trigger Phoenix City Code chapter 31 solid-waste or litter fines.

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

Plastic Straw Rules

Phoenix imposes no straws-on-request rule, and ARS section 9-500.38 preempts any city ordinance restricting plastic straws. Restaurants may freely distribute single-use plastic straws at counters, drive-throughs, and self-service stations.

Key details: Preemption statute: ARS section 9-500.38. Straws-on-request rule: None in Phoenix. Self-service caddies: Allowed. Voluntary alternatives: Permitted, not mandated.

There is no private-business penalty for distributing plastic straws in Phoenix. Littering straws on public property can be cited under Phoenix City Code chapter 23 and chapter 31 solid-waste rules.

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

Plastic Bag Rules

Phoenix cannot enforce a plastic bag ban or fee. A.R.S. § 9-500.38 declares 'the regulation of the sale, use and disposition of auxiliary containers' a matter of statewide concern and bars cities from imposing taxes, fees, or regulations on these items. Phoenix participates in the voluntary Bag Central Station retailer take-back program.

Key details: Local Ordinance: None — Arizona preempts. Preemption Statute: A.R.S. § 9-500.38 (2015). Scope: Bags, boxes, cups, bottles — all auxiliary containers. Enforcement Tool: A.R.S. § 41-194.01 (SB 1487) state-shared-revenue withholding. Voluntary Program: Bag Central Station retailer film drop-offs.

No bag-specific city violations exist. Phoenix can enforce general litter under Phoenix City Code § 23-31 and Arizona's general illegal-dumping statute (A.R.S. § 13-1603) but cannot fine bag distribution. Under A.R.S. § 41-194.01 (SB 1487), if Phoenix were to enact a bag ordinance, any state legislator could request the Attorney General to investigate, and the AG could withhold up to 100% of state shared revenue.

If you are coming from a city with tighter rules, you will find Phoenix gives residents more flexibility on plastic bag rules.

The Bottom Line

Compared to many U.S. cities, Phoenix 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.

This guide is based on Phoenix's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.