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

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

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's auxiliary container preemption blocks cities and counties from banning, taxing, or regulating plastic straws and stirrers.

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.

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 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.

Iowa Code 455B.485 preempts local governments from regulating auxiliary containers including plastic bags, foam containers, cups, and packaging.

Iowa Code 455B.485 preempts local bans or fees on polystyrene foam cups, plates, and food containers as auxiliary containers.

Iowa has no statewide plastic straw restriction, and Iowa Code 455B.485 prevents cities from banning or charging fees on straws.

Alabama Code Section 11-89C-10, enacted in 2019, preempts cities and counties from regulating, banning, or taxing auxiliary containers including plastic bags.

Polystyrene foam containers fall under Alabama Code Section 11-89C-10 auxiliary container preemption, blocking local bans on foam cups, plates, and takeout containers.

Plastic straws are preempted under Alabama Code Section 11-89C-10, prohibiting local governments from banning, restricting, or taxing single-use plastic straws.

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

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 does not ban plastic straws statewide, but allows cities to restrict distribution and many require straws only upon customer request.

Delaware bans single-use plastic carryout bags at large retailers under 7 Del.C. 6097, effective January 2021, with paper or reusable bag alternatives required statewide.

Delaware restricts polystyrene foam foodservice containers and plastic stirrers under 16 Del.C. 134B, banning expanded polystyrene cups and clamshells statewide as of July 2025 phase-in.

Delaware does not prohibit plastic straws statewide, but House Bill 21 and related legislation encourage upon-request distribution by food establishments under voluntary and DNREC guidance.

Hawaii has no statewide plastic bag preemption law, but all four counties have enacted bans on non-recyclable plastic checkout bags, making Hawaii the first U.S. state with a de facto statewide ban on single-use plastic bags.

Hawaii has no statewide polystyrene ban, but Honolulu, Hawaii County, Maui County, and Kauai County have adopted ordinances prohibiting food vendors from using polystyrene foam containers for prepared foods.

Hawaii does not regulate plastic straws at the state level, but Maui County and other county ordinances restrict food vendors from automatically providing single-use plastic straws and stirrers to customers.

Illinois has not preempted local plastic bag regulation, allowing home rule municipalities to enact bans, fees, or recycling mandates under their general police power.

Illinois does not ban expanded polystyrene foodware statewide, but state procurement law restricts EPS use and home rule cities may impose local bans.

Illinois requires full-service restaurants to provide single-use plastic straws only upon customer request under Public Act 102-0532, with local governments free to add stricter rules.

Indiana preempts local governments from regulating, banning, or taxing auxiliary containers including plastic bags, prohibiting city or county ordinances on single-use bags.

Indiana law preempts local bans or fees on polystyrene foam cups, containers, and similar auxiliary items, leaving sales and use uniform across cities and counties.

Indiana preempts local restrictions on plastic straws under its auxiliary container law, allowing restaurants and retailers to provide single-use straws without municipal limits.

Kansas prohibits cities and counties from banning, taxing, or regulating single-use plastic bags and other auxiliary containers used by businesses.

Kansas state law prevents cities and counties from banning or regulating polystyrene foam food service containers used by retailers and restaurants.

Kansas prevents local governments from banning or restricting plastic straws and other single-use food service items used by businesses.

Kentucky preempts local regulation of auxiliary containers, including plastic bags. Cities and counties cannot ban, tax, or restrict the use, sale, or distribution of single-use plastic bags or similar containers.

Kentucky's auxiliary container preemption statute also bars local restrictions on polystyrene foam cups, plates, and food containers. Foam packaging remains lawful statewide for retailers and food service.

Kentucky's auxiliary container preemption law prevents local governments from banning or restricting plastic straws and similar single-use utensils. Restaurants may distribute plastic straws without local fee or ban requirements.

Louisiana preempts local governments from banning, taxing, or regulating auxiliary containers including plastic bags, polystyrene, and beverage containers used at retail.

Louisiana law preempts local bans on polystyrene foam food containers and other auxiliary containers, leaving regulation of these single-use items to the state legislature.

Louisiana preempts local ordinances banning or restricting plastic straws and similar single-use service items, classifying them as auxiliary containers under state law.

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.

Maine prohibits the sale and distribution of disposable polystyrene foam food service containers under 38 MRS section 1612, the first such statewide ban in the United States.

Maine restricts plastic straw distribution under 38 MRS section 1614, requiring full-service restaurants to provide single-use plastic straws only upon customer request.

The Maryland Plastic Bag Reduction Act of 2024 prohibits retailers from providing thin plastic carryout bags at the point of sale statewide.

Maryland was the first state to ban expanded polystyrene foam food service products statewide, prohibiting their sale and use at food service businesses.

Maryland encourages but does not statewide ban plastic straws; many local jurisdictions require restaurants to provide straws and utensils only on request.

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

Michigan's auxiliary container preemption law, MCL 445.572b, also prevents local bans on polystyrene foam food containers.

Plastic straws are auxiliary containers under MCL 445.572b, so local bans or fees on straws are preempted statewide in Michigan.

Mississippi's 2018 plastic bag preemption statute, Miss. Code Section 17-2-3, bars cities and counties from regulating, banning, or taxing auxiliary containers including plastic bags, cups, and packaging.

Mississippi's auxiliary container preemption in Miss. Code Section 17-2-3 prevents local governments from banning or regulating polystyrene foam cups, plates, and food packaging.

Plastic straws are auxiliary containers under Miss. Code Section 17-2-3, meaning Mississippi cities and counties cannot ban, restrict, tax, or impose fees on plastic straws or stirrers.

Missouri RSMo 260.283, enacted in 2015, prohibits cities and counties from imposing bans, fees, or taxes on plastic bags and other auxiliary containers used by retailers and customers.

Missouri RSMo 260.283 also bars cities and counties from prohibiting or restricting polystyrene foam cups, plates, and food containers, treating them as protected auxiliary containers under state law.

Missouri RSMo 260.283 prevents cities and counties from banning plastic straws, utensils, and other single-use items, classifying them as protected auxiliary containers under state law.

Montana enacted MCA 7-5-103 in 2021, preempting local governments from regulating, banning, or imposing fees on plastic bags and other auxiliary containers.

Polystyrene foam food containers are not banned statewide in Montana, and MCA 7-5-103 prevents local governments from enacting bans or fees on these auxiliary containers.

Montana does not regulate plastic straws statewide and prevents local governments from imposing straw bans through the auxiliary container preemption in MCA 7-5-103.

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.

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 food service businesses may provide single-use plastic straws only upon customer request, effective November 2021 statewide.

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

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

Ohio does not regulate single-use plastic straws statewide, and HB 242 prevents municipalities from banning or taxing them as 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.

Oklahoma preempts local restrictions on polystyrene foam food containers and similar packaging, treating them as auxiliary containers under statewide regulatory authority.

Plastic straws and stirrers fall within Oklahoma's auxiliary container preemption, preventing municipalities from banning or surcharging single-use straws across the state.

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

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

ORS 459A.876 limits when restaurants and convenience stores may distribute single-use plastic straws, requiring customer request first.

Act 87 of 2024 ended Pennsylvania's multi-year moratorium preempting local plastic bag and single-use plastic ordinances, restoring municipal authority to regulate or ban single-use carryout bags.

Pennsylvania has no statewide ban on expanded polystyrene foam food containers, and after Act 87 of 2024 ended single-use plastic preemption local governments may regulate foam packaging.

Pennsylvania has no statewide ban or upon-request rule for plastic straws, and following the lapse of single-use plastic preemption in 2024 cities may again adopt straw-on-request or ban policies.

South Carolina prohibits local governments from regulating or banning auxiliary containers including plastic bags, foam containers, and similar single-use items.

South Carolina law blocks local bans on polystyrene foam food service containers under the auxiliary container preemption statute.

South Carolina preempts local ordinances regulating plastic straws and similar single-use food service items under the auxiliary container statute.

Tennessee preempts local plastic bag bans and fees under T.C.A. 7-86-103, enacted in 2019, reserving auxiliary container regulation to the state legislature.

Tennessee bars local bans on polystyrene foam containers under T.C.A. 7-86-103, treating foam packaging as an auxiliary container reserved to state regulation.

Tennessee preempts local plastic straw bans through the auxiliary container definition in T.C.A. 7-86-103, leaving straw distribution unregulated at the municipal level.

Utah Code 11-39-110 preempts local governments from regulating auxiliary containers including plastic bags, foam containers, and similar packaging items.

Utah Code 11-39-110 prevents local bans on polystyrene foam food containers by classifying them as preempted auxiliary containers under state law.

Utah Code 11-39-110 preempts local regulation of plastic straws and similar single-use service items as auxiliary containers under state law.

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

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

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.

Virginia Code 10.1-1424.4 phases out expanded polystyrene single-use food service containers, with chain restaurants required to comply by July 1, 2025 and all food vendors by July 1, 2026.

Virginia has no statewide plastic straw ban; straws remain available on request, and localities have limited authority to regulate single-use service items beyond state environmental statutes.

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

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.

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

West Virginia does not impose a statewide ban on polystyrene foam food containers, regulating disposal under the general Solid Waste Management Act.

West Virginia has no statewide statute regulating plastic straws, relying on general solid waste laws and voluntary business practices.

Wisconsin Statute 66.0419, enacted by 2015 Act 17, preempts cities, villages, towns, and counties from regulating, banning, or imposing fees on auxiliary containers including plastic bags, cups, and bottles.

Wisconsin's auxiliary container preemption law in Statute 66.0419 prevents municipalities from banning or restricting expanded polystyrene foam takeout containers, leaving any restriction to state legislation.

Wisconsin Statute 66.0419 preempts cities and counties from regulating plastic straws, stirrers, and similar single-use items, and the state has not adopted a statewide straw-on-request rule.

New York's Bag Waste Reduction Act bans most single-use plastic carryout bags statewide and preempts local bag laws other than authorized paper bag fees.

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

Alaska has no statewide preemption of plastic bag ordinances, and many boroughs and cities including Anchorage, Wasilla, Soldotna, and Cordova restrict thin single-use plastic carryout bags.

Alaska does not regulate expanded polystyrene foam containers statewide, leaving cities and boroughs free to restrict foam food packaging through local ordinances.

Alaska has no statewide rule limiting plastic straws or stirrers, allowing local governments to adopt by-request straw policies or outright bans on single-use plastic straws.

Arkansas Code 8-9-110, enacted by Act 879 of 2021, preempts cities and counties from regulating auxiliary containers including plastic bags. Local taxes, fees, and bans on plastic bags are prohibited statewide under Arkansas law.

Arkansas Code 8-9-110 preempts local regulation of polystyrene foam cups, plates, and containers as part of the auxiliary container preemption enacted by Act 879 of 2021. Cities cannot ban or tax foam packaging statewide.

Arkansas Code 8-9-110 preempts local regulation of plastic straws and related single-use items as auxiliary containers. Cities cannot impose bans, fees, or upon-request rules different from state law on plastic straws statewide.

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.

Connecticut has not enacted a statewide ban on expanded polystyrene foam food containers, leaving regulation primarily to local municipalities.

Connecticut has not enacted a statewide plastic straw prohibition, allowing food service establishments to provide straws while local rules vary.

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.

Florida Statute 403.7033 and related law impose a moratorium on enforcement of municipal plastic straw bans, requiring DEP study before any local prohibition can take effect, effectively preempting current ordinances.

Georgia does not prohibit plastic carryout bags statewide and has not enacted express preemption barring local action, though local bag restrictions remain rare.

Georgia imposes no statewide ban on polystyrene foam food service containers, leaving foam cups, plates, and clamshells widely available across the state.

Georgia has no statewide ban or upon-request rule for plastic straws, leaving food service operators free to provide single-use straws under standard health rules.

Idaho Code 67-7401 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.

Idaho Code 67-7401 preempts local regulation of polystyrene foam food containers and similar packaging, treating polystyrene as an auxiliary container subject to the 2016 statewide preemption law.

Idaho Code 67-7401 preempts local regulation of plastic straws and other auxiliary containers, preventing Idaho cities from enacting upon-request rules, bans, or fees on single-use straws.

Massachusetts has no statewide plastic bag ban or preemption, allowing over 160 cities and towns to enact their own single-use plastic bag prohibitions under home-rule authority.

Massachusetts has not enacted a statewide polystyrene ban, but dozens of cities and towns prohibit foam food containers, and state procurement rules limit foam in agency purchases.

Massachusetts does not regulate plastic straws statewide, but several cities and towns require restaurants to provide straws only on request or use compostable alternatives.

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.

Minnesota does not impose a statewide polystyrene ban, but with auxiliary container preemption repealed, cities like Minneapolis and Saint Paul restrict expanded polystyrene foam food packaging.

Minnesota has no statewide plastic straw ban, but with the 2023 repeal of Minn. Stat. 325E.045 preemption, cities may impose upon-request rules and switch to compostable alternatives.

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.

Nebraska does not ban expanded polystyrene foam containers statewide. No statute restricts foam takeout containers, coolers, or packing peanuts, and cities have not enacted enforced foam bans, making polystyrene legal subject to general litter and recycling laws.

Nebraska has no statewide ban or upon-request rule for plastic straws or stirrers. Restaurants and retailers may distribute single-use plastic straws to customers, subject only to general litter, recycling, and food-code requirements.

Nevada has no statewide plastic bag ban or preemption statute, allowing local governments to regulate single-use plastic bags through ordinances.

Nevada lacks statewide restrictions on polystyrene foam food containers, leaving regulation to local jurisdictions concerned with litter and recycling impacts.

Nevada has no statewide plastic straw restriction, leaving regulation of single-use straws to local governments and individual food service operators.

New Hampshire has no statewide plastic bag ban or preemption; municipalities retain discretion to adopt local ordinances under home rule and RSA 31:39.

No statewide ban on polystyrene foam containers exists in New Hampshire; municipalities may regulate through local solid waste authority under RSA 149-M.

New Hampshire has no statewide rule on plastic straws or stirrers; restaurants may use them freely while local governments retain authority to restrict.

New Mexico has no statewide preemption on plastic bag regulation, allowing municipalities and counties to ban or charge fees for single-use plastic carryout bags as they choose.

New Mexico has no statewide ban or preemption on expanded polystyrene foam containers, leaving cities and counties free to regulate or prohibit foam food service items.

New Mexico does not regulate plastic straws at the state level and does not preempt local authority, allowing cities to enact straws-on-request or outright ban ordinances.

North Carolina has no statewide plastic bag ban or fee, and a former Outer Banks plastic bag ban was repealed in 2017, leaving most local bag regulation preempted in practice.

North Carolina has no statewide ban on polystyrene foam food containers and does not authorize local governments to ban expanded polystyrene packaging or food service ware.

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

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

North Dakota has no statewide ban or preemption on polystyrene foam containers, allowing local governments to regulate foam packaging if they choose.

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

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.

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 has no statewide plastic straw ban, but several municipalities including Providence have adopted upon-request rules requiring food service establishments to provide plastic straws only when customers ask.

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.

South Dakota imposes no statewide ban on polystyrene foam food containers and has not authorized local governments to enact foam packaging restrictions.

South Dakota has no statewide plastic straw ban or upon-request requirement, leaving distribution to restaurant discretion under existing food service regulations.

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.

Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.

Plastic straw bans by Texas municipalities are preempted under Health and Safety Code Section 361.0961 and reinforced by HB 2127 (2023). Cities cannot prohibit or restrict food service businesses from offering single-use plastic straws to customers.

Wyoming has no statewide plastic bag ban or preemption, allowing cities and counties to choose whether to regulate single-use carryout bags through ordinances.

Wyoming has no statewide ban on expanded polystyrene foam containers and leaves regulation to local governments and federal food-service safety standards.

Wyoming imposes no statewide restriction on plastic straws, leaving food-service straw policies to operators and any local ordinances that cities choose to adopt.