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Albany County, NY Single-Use Items: Plastic Straw Rules (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
12-16-2020, L.L. No. 1-2020
Banned
single-use plastic straws and stirrers
Effective
6 months after enactment
First offense
written warning
Second offense
$100 penalty
Third+ offense
$250 penalty
Exceptions
prepackaged drinks, medical/dental, disability need

Summary

Albany County Chapter 170, Article III (L.L. No. 1-2020) bans establishments from offering consumers any single-use plastic straw or beverage stirrer, with narrow exceptions for prepackaged drinks, medical or dental use, and disability need, enforced by the County Health Department with penalties running from a written warning to a $250 fine.

These county ordinances apply to unincorporated areas of Albany County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 170-20. Distribution of plastic straws prohibited; exceptions. A. Upon six months from the date of enactment, no establishment within the County shall offer to consumers any single-use straw or beverage stirrer made of plastic. B. Exceptions. This prohibition shall not apply to: (1) Prepackaged drinks sold at commercial establishments; (2) Use by medical or dental facilities; (3) Use by individuals with a disability or other impairment requiring use of plastic straws.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4022468; v11 updated 2024-07-21).

Full Breakdown

Article III, "Use of Straws and Plastic Cutlery," was adopted December 16, 2020. Section 170-17 finds that littered plastic straws, stirrers and cutlery cause lasting environmental harm because petroleum-based plastics do not biodegrade, even in bioplastic form, in marine environments, and states the County's goal of reducing plastic litter. Section 170-19 first requires that plastic straws (like plastic cutlery) be offered only on request, letting servers ask customers if they need one. Section 170-20 goes further for straws specifically: "upon six months from the date of enactment, no establishment within the County shall offer to consumers any single-use straw or beverage stirrer made of plastic," an outright ban rather than a request-only rule.

The ban does not apply to prepackaged drinks sold at commercial establishments, straws used by medical or dental facilities, or straws used by individuals with a disability or other impairment requiring one. Section 170-21 designates the County Health Department to lead pre-implementation outreach to the restaurant and food-service community, publish rules and signage, and enforce the article; each day a violation continues after written notice is a separate violation. Section 170-22 set the effective date six months after the December 16, 2020 enactment, so the outright straw ban took hold in mid-2021.

Violations & Fines

Section 170-21(B) sets a graduated penalty scale: a first offense draws only a written warning, a second offense carries a $100 penalty, and a third or subsequent offense carries a $250 penalty. Because each day of continued violation after written notice counts as a separate offense, repeated noncompliance escalates quickly.

Frequently Asked Questions

Can restaurants in Albany County still hand out plastic straws?
No. Section 170-20 makes it unlawful for any establishment to offer consumers a single-use plastic straw or beverage stirrer, six months after the law's December 16, 2020 enactment, subject only to the exceptions listed in the article.
Are there exceptions to Albany County's plastic straw ban?
Yes. Section 170-20(B) exempts prepackaged drinks sold at commercial establishments, straws used by medical or dental facilities, and straws used by individuals with a disability or other impairment that requires a plastic straw.
What happens the first time a business violates Albany County's straw ban?
Under § 170-21(B), a first offense results in a written warning only. A second offense carries a $100 penalty, and a third or later offense carries a $250 penalty, with each day of continued violation after notice counted separately.

Sources & Official References

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