Virginia Beach's Single-Use Items: The Rules That Matter

Every city handles single-use items a little differently. In Virginia Beach, Virginia, there are 4 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

Virginia Beach imposes a five-cent disposable plastic bag tax at grocery, convenience, and drug stores under Virginia Code §58.1-1745, with revenue funding environmental cleanup and reusable bag distribution.

Key details: Tax amount: Five cents per bag. Authority: VA Code §58.1-1745. Effective: January 1, 2023. Retailer share: One cent through 2025.

Retailers that fail to collect or remit the bag tax face Department of Taxation enforcement including penalties, interest, and possible loss of business license.

Polystyrene Foam Rules

Virginia Code §10.1-1424.4 phases out expanded polystyrene single-use food service containers for Virginia Beach restaurants, with chain operators already restricted and small businesses following by mid-decade.

Key details: Statute: VA Code §10.1-1424.4. Banned material: Expanded polystyrene foam. Daily penalty: Up to $50. Enforcement: Virginia DEQ.

Distributing food in expanded polystyrene foam past a vendor's compliance deadline carries a civil penalty up to $50 per day, capped at $300 per year, payable to the Virginia Litter Control Fund.

Plastic Straw Rules

Virginia Beach has no specific ordinance limiting plastic straws; restaurants may distribute them freely, though many resort-area businesses voluntarily switch to paper or compostable alternatives.

Key details: Local ban: None. Voluntary programs: Resort businesses. ADA protection: Flexible straws on request. Litter penalty: Up to $250.

There are no local penalties for distributing plastic straws in Virginia Beach, but littering straws on public beaches violates Virginia Beach Code Chapter 23 littering rules carrying fines up to $250.

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

Utensils-On-Request

Virginia Beach has no upon-request mandate for plastic forks, knives, or condiment packets; restaurants choose whether to default to providing or asking customers if they need utensils.

Key details: Local mandate: None. Voluntary participation: Many resort restaurants. Delivery apps: Opt-out widely available. Preemption: VA Dillon's Rule.

There are no local penalties for providing or omitting single-use utensils in Virginia Beach. Standard littering rules under Virginia Beach Code Chapter 23 apply if utensils are dumped on public property.

Virginia Beach is more permissive than most cities when it comes to utensils-on-request. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Virginia Beach gives residents more room on single-use items. 2 of the 4 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 Virginia Beach 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.