Kansas Plastic Straw Local Regulation Preemption

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.

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