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 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.

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.

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.

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

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.

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.

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

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.

Florida has no statewide plastic straw ban and no straw preemption: Governor DeSantis vetoed the 2019 moratorium bill, so cities and counties may adopt and enforce their own single-use straw ordinances.

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.

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.

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.

Indiana Code 36-1-3-8.6 preempts local bans or fees on polystyrene foam cups, containers, and similar auxiliary items, keeping sales uniform across all cities and counties.

Indiana Code 36-1-3-8.6 preempts local restrictions on plastic straws as auxiliary containers, so cities cannot ban them or require request-only service. Restaurants may offer single-use straws statewide.

Kansas has no statewide preemption of local plastic-bag rules. Bills to bar cities from regulating bags failed repeatedly, and Lawrence enacted a disposable-bag ordinance effective in 2024, so local bag regulation is lawful under home rule.

Kansas has no statewide preemption of local polystyrene foam container rules. Bills to bar local regulation of such auxiliary containers have repeatedly failed, so cities may regulate foam food-service containers under home rule.

Kansas has no statewide preemption of local plastic straw or food-service-ware rules. Bills to bar local regulation of these items have repeatedly failed, so cities may regulate straws under home rule, though few do.

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.

Maine has no statewide plastic straw law. A 2021 bill to require straws only on request (LD 602) was rejected. Straw rules are set locally — Portland requires single-use plastics only on request under its own ordinance.

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.

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

Maryland has no statewide plastic carryout bag ban. Several counties and cities regulate them locally, including Baltimore City, Baltimore County, Anne Arundel County, Prince George's County, Montgomery County, and Annapolis, typically banning thin plastic bags and charging a fee for paper bags.

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

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

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

Missouri has no statewide preemption of local polystyrene or foam food-container rules. RSMo 260.283 preempts only local bans, fees, or taxes on paper and plastic bags; it does not cover cups, plates, or foam containers, so cities keep authority to regulate them.

Missouri has no statewide preemption of local plastic-straw rules. RSMo 260.283 preempts only local bans, fees, or taxes on paper and plastic bags; it does not mention straws, so cities and counties keep authority to regulate single-use straws.

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.

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.

Polystyrene foam food containers are not banned statewide in Montana, and MCA 7-1-121 prevents local governments from enacting bans or fees on these auxiliary containers.

Montana does not regulate plastic straws statewide and bars local governments from banning or charging fees on straws through the auxiliary-container preemption in MCA 7-1-121.

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.

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.

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 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.

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

Pennsylvania's statewide moratorium preempting local plastic-bag and single-use-plastic ordinances expired at the end of 2021, restoring municipal authority to regulate or ban single-use carryout bags. No statewide ban or fee exists.

Pennsylvania has no statewide ban or upon-request rule for plastic straws. A statewide moratorium that had blocked local single-use plastic ordinances lapsed at the end of 2021, so municipalities may again adopt straw-on-request rules or outright bans.

Pennsylvania has no statewide ban on expanded polystyrene foam food containers. After the state's single-use-plastic moratorium lapsed at the end of 2021, local governments may again regulate or ban foam food packaging.

South Carolina does not preempt local plastic-straw rules. Auxiliary-container preemption bills failed, so cities and counties may regulate or restrict single-use straws under home rule. There is no statewide straw ban.

South Carolina has no statewide law preempting local polystyrene foam bans. Auxiliary-container preemption bills failed, so cities and counties may ban foam food-service containers, and coastal towns such as Folly Beach have.

South Carolina has no statewide law preempting local plastic-bag regulation. Bag-ban preemption bills repeatedly failed and courts upheld local authority, so cities and counties may ban or restrict single-use plastic bags, and several coastal towns have.

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.

Tennessee preempts local plastic straw bans through the auxiliary-container statute, T.C.A. § 7-51-2002, leaving straw distribution unregulated at the municipal level.

Tennessee bars local bans, fees, or taxes on polystyrene foam containers under T.C.A. § 7-51-2002, which makes the state the exclusive regulator of auxiliary food and drink containers.

Utah does not preempt local plastic bag rules and has no statewide bag law. A 2019 preemption bill (HB 320) failed, leaving cities free to act. Park City and Moab ban single-use plastic carryout bags; most other Utah cities have no restriction.

Utah has no statewide ban on polystyrene foam food containers and no law preempting local regulation. A 2019 bill (HB 320) that would have barred local container bans failed, so cities and counties remain free to regulate foam packaging.

Utah has no statewide law on plastic straws and no statute preempting local straw rules. Cities may adopt straws-on-request or ban measures; a 2019 container-preemption bill (HB 320) failed. Businesses may voluntarily switch to alternatives.

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.

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 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.

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.

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.

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

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.

Wisconsin Statute 66.0419, enacted by 2015 Act 302, preempts cities, villages, towns, and counties from regulating, banning, or imposing fees on auxiliary containers, including plastic and paper bags, cups, bottles, and similar packaging.

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.

Alabama has no statewide ban on polystyrene foam containers and no statute preempting local foam rules; a 2019 auxiliary-container preemption bill (SB244) failed. No Alabama city bans foam cups or takeout containers, so businesses may use them freely.

Alabama has no statewide plastic-straw ban and no statute preempting local straw rules; a 2019 auxiliary-container preemption bill (SB244) failed. No Alabama city restricts single-use straws, so restaurants and retailers may offer them freely statewide.

Alabama has no statewide law banning plastic bags and no statute preempting local bag rules - a 2019 auxiliary-container preemption bill (SB244) failed to pass. In practice no Alabama city bans or taxes plastic bags, so retailers may use them freely statewide.

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 preemption of plastic bag ordinances, and many boroughs and cities including Anchorage, Wasilla, Soldotna, and Cordova restrict thin single-use plastic carryout bags.

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.

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

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.

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.

Arkansas Code § 14-1-104 preempts local regulation of plastic straws as 'auxiliary containers' under Act 751 of 2021. Cities cannot ban straws, charge fees, or impose upon-request-only rules statewide.

Arkansas Code § 14-1-104 preempts local regulation of polystyrene foam cups, plates, and containers as 'auxiliary containers' under Act 751 of 2021. Cities and counties cannot ban or tax foam food packaging.

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.

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.

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.

Idaho Code 67-2340 preempts local regulation of polystyrene foam food containers and similar packaging, treating polystyrene as an auxiliary container under the 2016 statewide preemption law (House Bill 372).

Idaho Code 67-2340 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.

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 has no statewide plastic straw law. Straws-on-request bills have repeatedly failed in the General Assembly, so restrictions come from home rule cities — most notably Chicago's Single-Use Foodware Ordinance.

Iowa Code 364.3(3)(c) (cities) and 331.301(6) (counties) preempt local bans or fees on polystyrene foam cups, plates, and food containers as regulated consumer merchandise.

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.

Iowa has no statewide plastic straw restriction, and Iowa Code 364.3(3)(c) prevents cities (and 331.301(6) counties) from banning or charging fees on straws.

Kentucky has no statewide law on plastic straws, no ban and no preemption of local rules. Restaurants may hand out plastic straws freely, and a city or county could regulate them, though none currently does.

Kentucky has no statewide law on polystyrene foam containers, no ban and no preemption of local rules. Foam cups, plates, and food containers are legal statewide, and no KRS section reserves this subject to the state.

Kentucky has no statewide plastic-bag law, neither a ban nor a preemption of local ordinances. Single-use bags are legal statewide, and no KRS provision stops a city or county from regulating, taxing, or restricting them.

Louisiana has no statewide ban on plastic bags or other single-use containers, and no statute preempting local bag ordinances. The commonly cited R.S. 33:4169.1 governs garbage collection, not containers. Louisiana never enacted an auxiliary-container preemption law, so local authority remains unsettled.

Louisiana has no statewide ban on polystyrene foam containers and no statute preempting local foam ordinances. The often-cited R.S. 33:4169.1 actually governs garbage collection, not single-use containers, so no auxiliary-container preemption exists in Louisiana.

Louisiana has no statewide ban or restriction on plastic straws, and no state statute preempts local straw regulation. Unlike many states, Louisiana never enacted an auxiliary-container preemption law, so straw rules are left to local governments; restaurants may voluntarily switch to alternatives.

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 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.

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 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 auxiliary-container preemption, Miss. Code Sections 17-1-71 through 17-1-75, prevents local governments from banning or regulating polystyrene foam cups, plates, and food packaging.

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.

Plastic straws are auxiliary containers under Miss. Code Sections 17-1-71 through 17-1-75, so Mississippi cities and counties cannot ban, restrict, tax, or impose fees on plastic straws or stirrers.

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.

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.

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

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 bag ban or preemption statute, allowing local governments to regulate single-use plastic bags through ordinances.

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 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.

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 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.

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 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 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 ban or preemption on polystyrene foam containers, allowing local governments to regulate foam packaging if they choose.

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.

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

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

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.

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.

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.

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

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.