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.
Mississippi's auxiliary container preemption captures single-use straws, stirrers, and similar serviceware accessories within its broad definition reaching cups, bottles, packages, and other containers used for food or beverages. Under Miss. Code Section 17-2-3, no Mississippi city, county, or political subdivision may enact ordinances regulating the use, sale, prohibition, restriction, taxation, or fee structure for these items. The legislature's 2018 enactment foreclosed both upon-request straw rules and outright bans. State and federal solid-waste, recycling, and accessibility laws remain operative, but local single-use straw policies are unenforceable. Disability advocates have noted that statewide uniformity preserves access to flexible straws.
Any municipal straw ban or charge violates state preemption and is void from the date of enactment.
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See how Gulfport's plastic straw rules rules stack up against other locations.
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