Sioux Falls cannot mandate paper straws or restrict plastic straws because South Dakota state law SDCL §11-10A-1 preempts local regulation of single-use food service items.
Plastic straws fall under the same state preemption that covers bags and foam, codified at SDCL §11-10A-1. Sioux Falls is therefore unable to require restaurants to switch to paper straws, to enact straws-on-request rules, or to prohibit plastic straws. Individual restaurants and chains in Sioux Falls choose their own straw policies, with several downtown establishments voluntarily offering paper or compostable options. Any litter from improperly disposed straws is enforceable as ordinary littering under Sioux Falls Code Chapter 80, which carries a misdemeanor penalty.
No straw-specific violations exist due to preemption. Tossing straws as litter remains a misdemeanor under Sioux Falls Chapter 80 nuisance and littering provisions.
See how Sioux Falls's plastic straw rules rules stack up against other locations.
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