Single-Use Items Preemption: Every State Ranked (2026)

California Public Resources Code 42270-42273, enacted by AB 1884 (2018), prohibits full-service restaurants from providing single-use plastic straws unless requested by the customer. The on-request rule applies uniformly to dine-in restaurants statewide.

California restricts expanded polystyrene food containers statewide through SB 54 (2022) packaging requirements under Public Resources Code 42040-42081. The law mandates that polystyrene foodware achieve 25 percent recycling by 2025 or face statewide sales prohibition.

California prohibits grocery stores and large retailers from providing single-use plastic carryout bags under Public Resources Code 42280-42288, enacted by SB 270 (2014) and ratified as Proposition 67 in 2016. Recycled paper or reusable bags require a 10-cent minimum charge.

Washington, DC charges consumers 5 cents for every disposable paper or plastic carryout bag at retail establishments that sell food or alcohol, with proceeds funding Anacostia River cleanup under the 2009 Anacostia River Clean Up and Protection Act.

Washington DC bans expanded polystyrene (foam) food service products outright. No restaurant, cafe, or food vendor may sell or provide food in foam containers, and since 2021 retailers cannot sell foam ware, coolers, or packing peanuts.

Since January 1, 2019, DC food service entities cannot serve drinks with single-use plastic straws or stirrers, which are neither compostable nor recyclable. Only compostable or reusable straws are allowed, and DOEE provides them only on customer request.

New York prohibits the sale and distribution of expanded polystyrene foam food containers and loose packing peanuts statewide under Environmental Conservation Law Article 27.

The New York Bag Waste Reduction Law (Environmental Conservation Law §27-2801, enacted 2019, enforced March 2020) bans most single-use plastic carryout bags statewide. Counties and cities may impose a 5-cent paper bag fee. Reusable bags and certain product bags are exempt.

Delaware bans polystyrene foam food service packaging under 16 Del. C. Chapter 30Q (Section 3004Q), added by SB 51. Food establishments may not serve ready-to-eat food in foam containers, and single-service plastic stirrers and picks are restricted, with the foam ban effective July 1, 2025.

Delaware now limits single-use plastic straws to upon-request under 16 Del. C. Section 3002Q, added by SB 51. A food establishment may provide a plastic straw only when a customer requests one; healthcare facilities are exempt. The law took effect July 1, 2025.

Delaware restricts single-use plastic carryout bags under 7 Del. C. Section 6099A, the at-store recycling program, effective January 1, 2021 and strengthened July 1, 2022. Covered stores must offer only recycled paper or reusable bags at checkout.

New Jersey prohibits polystyrene foam food service products under NJSA 13:1E-99.126, banning foam clamshells, cups, trays, and similar items statewide effective May 2022.

Under NJSA 13:1E-99.126, New Jersey banned single-use plastic carryout bags and single-use paper bags at large grocery stores effective May 2022, the strongest such law nationally.

Under NJSA 13:1E-99.126, New Jersey food service businesses may provide single-use plastic straws only upon customer request, effective November 2021 statewide.

SB 543 prohibits restaurants and food vendors from using polystyrene foam containers and bans the sale of polystyrene foam packing peanuts statewide.

HB 2509 bans most single-use plastic checkout bags statewide and requires a minimum charge for paper or thicker reusable bags at retailers.

SB 90 (2019), codified at ORS 616.892, limits when restaurants and convenience stores may hand out single-use plastic straws, requiring customers to request one first.

Vermont prohibits expanded polystyrene foam food service containers statewide under Act 69 of 2019, effective July 1, 2020 for restaurants and retailers.

Vermont banned single-use plastic carryout bags statewide effective July 1, 2020 under Act 69 of 2019, with paper bag fees and exemptions for certain uses.

Vermont restricts single-use plastic straws and stirrers under Act 69 of 2019, requiring food service establishments to provide them only on customer request.

Washington RCW 70A.245 bans expanded polystyrene foam food service containers, packing peanuts, and coolers in phases starting June 2024 to combat plastic pollution.

Washington RCW 70A.530 bans single-use plastic carryout bags statewide and requires retailers to charge a pass-through fee for compliant paper or reusable bags.

Washington RCW 70A.550 limits single-use food service ware including plastic straws and utensils to upon-request distribution at restaurants and food service businesses.

Colorado prohibits retail food establishments from using expanded polystyrene foam containers for ready-to-eat food and beverages under the Plastic Pollution Reduction Act.

Colorado banned single-use plastic carryout bags and polystyrene foam containers statewide under the Plastic Pollution Reduction Act, fully effective in 2024.

Since July 1, 2024, Connecticut prohibits restaurants and caterers from providing single-use expanded polystyrene (foam) food and beverage containers. Enforcement is by state and local health authorities, with escalating fines after a first-offense warning.

Public Act 19-117 banned single-use plastic checkout bags statewide effective July 2021 after a transitional ten-cent fee period under CGS Title 22a.

Maine prohibits the sale and distribution of disposable polystyrene foam food service containers under 38 MRS § 1572 (Title 38, Chapter 15-A), the first such statewide ban in the United States.

Maine's LD 1532 enacted a statewide ban on single-use plastic carryout bags, codified in 38 MRS section 1611, with retailer fee requirements for paper alternatives.

Ohio HB 242's auxiliary container preemption extends to polystyrene foam food containers, blocking local bans on Styrofoam takeout packaging.

Ohio House Bill 242 preempts local plastic bag bans and fees, requiring uniform statewide treatment of auxiliary containers including plastic bags.

Virginia Code § 10.1-1424.3 phases out expanded polystyrene single-use food service containers: food vendors with 20 or more locations had to comply by July 1, 2025, and all food vendors by July 1, 2026.

Virginia Code 58.1-1745 authorizes counties and cities to impose a 5-cent tax on disposable plastic bags provided at grocery stores, convenience stores, and drugstores within their borders.

Indiana Code 36-1-3-8.6 (2016) preempts local governments from banning, taxing, or regulating auxiliary containers, including plastic and paper bags. City or county single-use bag bans and fees are void statewide.

Maryland was among the first states to ban expanded polystyrene foam food service products statewide, prohibiting their sale and use at restaurants, schools, and food packagers under a 2019 law effective in 2020.

Michigan PA 389 of 2016 (MCL 445.572b) prohibits local governments from banning, taxing, or regulating plastic bags and other auxiliary containers.

Montana enacted MCA 7-1-121 in 2021 (HB 407), preempting local governments from regulating, banning, or imposing fees on plastic bags and other auxiliary containers.

Oklahoma prohibits municipalities from regulating, taxing, or banning auxiliary containers including plastic bags, foam, and similar items, reserving authority to the state legislature.

Tennessee preempts local plastic bag bans and fees under T.C.A. § 7-51-2002 (enacted 2019), which makes the state the exclusive regulator of auxiliary containers such as bags.

West Virginia has no statewide plastic bag ban or fee and no statute expressly preempting local bag ordinances, leaving the area lightly regulated.

Arizona preempts local bans and fees on polystyrene foam food containers as auxiliary containers under ARS 9-500.38 and ARS 11-269.16.

Arizona prohibits cities, towns, and counties from regulating or banning auxiliary containers like plastic bags, cups, and bottles under ARS 9-500.38.

Florida Statute 403.7033 preempts the regulation of disposable plastic bags by local governments, prohibiting cities and counties from enacting bans or fees on retailers pending a legislative review that has not occurred.

Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.

North Dakota has no statewide rules on plastic straws under NDCC, and local governments retain authority to adopt their own straw policies if desired.

North Dakota has no statewide preemption on plastic bags, leaving cities and counties free to adopt their own bag bans, fees, or recycling rules.

Rhode Island has not enacted a comprehensive statewide ban on expanded polystyrene foam food containers, leaving regulation to municipalities while DEM encourages voluntary phase-outs by food service establishments.

Rhode Island enacted a statewide plastic carryout bag ban effective January 1, 2024 under RIGL Chapter 23-92, the Plastic Waste Reduction Act, prohibiting most single-use plastic checkout bags at retail stores.

Arkansas Code § 14-1-104, enacted by Act 751 of 2021, preempts cities and counties from regulating 'auxiliary containers' including plastic bags. Local taxes, fees, and bans on carryout bags are prohibited statewide.

Idaho Code 67-2340, enacted in 2016, prohibits cities and counties from regulating, banning, or imposing fees on auxiliary containers, including plastic bags, polystyrene, and other single-use food packaging statewide.

Iowa Code 364.3(3)(c) (cities) and 331.301(6) (counties) preempt local governments from regulating consumer merchandise containers, including plastic bags, foam containers, cups, and packaging.

Minnesota previously preempted local plastic bag bans under Minn. Stat. 325E.045, but the legislature repealed that preemption in 2023, allowing cities like Minneapolis to enforce bag fees and bans.

Mississippi's 2018 auxiliary-container preemption law, Miss. Code Sections 17-1-71 through 17-1-75, bars cities and counties from regulating, banning, taxing, or charging fees on auxiliary containers including plastic bags, cups, and packaging.

Missouri RSMo 260.283 bars cities and counties from banning, taxing, or charging fees on paper or plastic bags, and prohibits them from banning customer use of reusable bags. The preemption applies only to bags, not to straws, cups, or foam containers.

Nebraska does not impose a statewide plastic bag ban or fee. Local authority over plastic carryout bags is shaped by general municipal home rule and recycling statutes; legislative proposals to expressly preempt local bans (like LB 877) have been considered but not enacted.

North Carolina has no statewide ban on plastic straws and does not authorize local governments to ban single-use plastic straws or other utensils.

South Dakota's municipal authority under SDCL 9-32 does not authorize cities to ban plastic bags, and statewide policy favors uniform commerce rules without local plastic restrictions.

The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.