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

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

Source: NY ECL Article 27View official code

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?
No. City Code § 378-6 doesn't restrict straw material at all; it only requires that any straw served with a beverage for on-premises consumption be 'completely enclosed in a wrapper' before it reaches the customer.
Which businesses have to follow the wrapped-straw rule?
Any 'person, firm or corporation conducting a place of business' in Buffalo where someone is served a beverage for consumption on the premises is covered, so restaurants, bars, cafes, and similar sit-down beverage service all apply.
What's the penalty for serving an unwrapped straw?
Section 378-6 sets no fine of its own, so the citywide default under § 1-15 applies: up to $1,500 in fines, up to 15 days in jail, or both, per offense, with each day of a continuing violation treated separately.
How old is this rule?
It traces back to Sec. 133 of Chapter XXV of the City of Buffalo's 1974 Charter and Ordinances, carried forward unchanged as § 378-6 of the current Sanitation chapter.

Sources & Official References

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