Arkansas Code § 14-1-104 preempts local regulation of plastic straws as 'auxiliary containers' under Act 751 of 2021. Cities cannot ban straws, charge fees, or impose upon-request-only rules statewide.
Plastic drinking straws fall within the auxiliary-container definition under Act 751 of 2021, codified at Arkansas Code § 14-1-104. A municipality or county may not restrict, tax, prohibit, or otherwise regulate their use, disposition, or sale, so it cannot ban straws, charge for them, or require upon-request-only distribution. Restaurants may keep providing plastic straws without local penalty. Local governments may still run solid-waste and recycling programs and enforce litter ordinances. Voluntary business policies to reduce straw use or offer paper alternatives remain permitted.
Local straw ordinances are unenforceable; restaurants and retailers may seek declaratory and injunctive relief against subdivisions attempting enforcement.
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