Idaho Code 67-7401 preempts local regulation of plastic straws and other auxiliary containers, preventing Idaho cities from enacting upon-request rules, bans, or fees on single-use straws.
Plastic straws qualify as auxiliary containers under Idaho Code 67-7401 because the statute broadly captures single-use packaging and service items. Cities and counties may not ban plastic straws, require upon-request distribution, mandate alternatives like paper straws, or impose fees. The 2016 preemption law was prompted by national trends toward local plastic restrictions. Idaho does not have a statewide straw rule, leaving full discretion to retailers and food service operators. Restaurants in Boise, Coeur d'Alene, Twin Falls, and elsewhere may freely choose straw materials and distribution practices. Federal accessibility law (ADA) requires reasonable accommodations for diners with disabilities who need flexible plastic straws, regardless of any voluntary business policy.
Local straw ordinances are unenforceable under 67-7401. Restaurants may continue offering plastic straws and challenge any inconsistent local rule in court.
See how Post Falls's plastic straw rules rules stack up against other locations.
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