Buffalo, NY Single-Use Items: Plastic Straw Rules (2026)
Key Facts
- Rule
- Straws must be 'completely enclosed in a wrapper'
- Applies to
- Any business serving beverages consumed on-site
- Origin
- Sec. 133, Ch. XXV, 1974 Charter and Ordinances
- Penalty
- General Code default: up to $1,500 or 15 days
- Location in code
- Ch. 378, Art. III, sole section § 378-6
Summary
Buffalo bars any restaurant, bar, or place of business from serving a drinking straw to a customer unless it is completely enclosed in a wrapper, under City Code § 378-6. It's a sanitation rule, not a plastic ban: the straw's material is unregulated, only its wrapping before service.
No person, firm or corporation conducting a place of business in the City of Buffalo where any person is served with a beverage of any kind for consumption upon said premises shall serve or allow or permit to be served to any person drinking straws which are not completely enclosed in a wrapper.
Full Breakdown
Section 378-6 sits alone as Article III, Drinking Straws, of Chapter 378, Sanitation, and is derived from Sec. 133 of Chapter XXV of the City's 1974 Charter and Ordinances, making it one of the older provisions still on the books. It shares the chapter with Article I's toilet-facility rules and Article II's ban on spitting in public conveyances and buildings, both likewise inherited from the 1974 charter recodification. The straw rule reaches 'any person, firm or corporation conducting a place of business in the City of Buffalo where any person is served with a beverage of any kind for consumption upon said premises,' meaning it covers restaurants, bars, cafes, and any other on-premises beverage service, not just take-out counters.
Unlike newer straws-on-request or plastic-reduction ordinances adopted elsewhere in New York, Buffalo's rule predates the modern plastic-waste movement and instead addresses sanitary handling: straws sitting exposed at a counter or dispenser before being handed to a customer are what the section targets. Chapter 378 carries no straw-specific penalty clause of its own, so an unwrapped-straw violation defaults to the citywide general penalty at § 1-15.
Violations & Fines
Because § 378-6 sets no chapter-specific fine, a violation is punished under the citywide default at § 1-15: a fine or penalty of not more than $1,500, imprisonment for not more than 15 days, or both, for each offense. Each day the violation continues counts as a separate offense under that same general penalty section.
Frequently Asked Questions
Does Buffalo ban plastic drinking straws?
Which businesses have to follow the wrapped-straw rule?
What's the penalty for serving an unwrapped straw?
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Sources & Official References
Other rules in Buffalo
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