Kansas Statewide Rule

Kansas Plastic Straw Local Regulation Preemption

Some RestrictionsApplies statewide across Kansas (2026)

Kansas prevents local governments from banning or restricting plastic straws and other single-use food service items used by businesses.

Full Breakdown

Under K.S.A. 12-16,135, plastic straws fall within the definition of auxiliary containers and food service ware preempted from local regulation. Cities and counties in Kansas cannot adopt ordinances that prohibit or condition the distribution of straws by restaurants, coffee shops, or convenience stores. Businesses may voluntarily provide paper straws or implement upon-request policies, but they cannot be required to do so by local law. The preemption framework supports statewide consistency for the food service industry.

Violations & Penalties

Any local ordinance restricting plastic straws is void as preempted by Kansas state law.

Frequently Asked Questions

Can Kansas cities ban plastic straws?

No, plastic straws are preempted from local regulation under K.S.A. 12-16,135.

Can a restaurant choose to use only paper straws?

Yes, businesses may voluntarily adopt paper or compostable straws as an internal policy.

Sources

Source

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