South Carolina preempts local ordinances regulating plastic straws and similar single-use food service items under the auxiliary container statute.
Plastic straws and stirrers fall within the broad auxiliary container definition codified in Section 44-96-460. Cities and counties cannot ban, tax, or impose fees on plastic straws, including upon-request only ordinances seen in some other states. Restaurants and retailers may voluntarily switch to paper or other alternatives, but state law prevents local governments from making such changes mandatory. The General Assembly framed the preemption around statewide commercial uniformity. Federal accessibility laws preserve the right of disabled customers to request flexible plastic straws.
Conflicting local straw ordinances are unenforceable; injunctive remedies available against the political subdivision.
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