Arkansas Plastic Straw Preemption Under Act 879

Plastic drinking straws are encompassed within the broad auxiliary container definition under Act 879 of 2021, codified at Arkansas Code 8-9-110. Cities and counties cannot ban plastic straws, charge fees for them, or require upon-request-only distribution. Restaurants may continue providing plastic straws to customers without local penalty. Voluntary policies by businesses to reduce straw use or offer paper alternatives remain permitted. Solid-waste and litter laws continue to apply uniformly statewide. Local sustainability ordinances inconsistent with state law are unenforceable.

Local straw ordinances are unenforceable; restaurants and retailers may seek declaratory and injunctive relief against subdivisions attempting enforcement.