Indiana preempts local restrictions on plastic straws under its auxiliary container law, allowing restaurants and retailers to provide single-use straws without municipal limits.
Plastic straws fall within the definition of auxiliary containers preempted by IC 13-30-9.5-3, which prevents local governments from prohibiting, taxing, or restricting their sale or distribution. Indiana cities cannot adopt ordinances requiring upon-request-only straw service or banning plastic straws outright. State law leaves food service establishments and retailers free to offer single-use straws while voluntary measures and federal accessibility considerations under the ADA continue to apply. Solid waste management remains regulated under IC 13-20.
Local ordinances restricting plastic straws are unenforceable; affected businesses may challenge them as preempted by state law.
See how Mishawaka's plastic straw rules rules stack up against other locations.
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