Kentucky Plastic Straw Preemption and Distribution

KRS 65.057 includes single-use food service items within its broad definition of auxiliary containers, encompassing straws, cup lids, stirrers, and similar items used in food and beverage service. Local bans, opt-in distribution requirements, or fees on plastic straws are preempted. While Kentucky has not adopted a statewide on-request straw rule, individual restaurants remain free to choose their own straw distribution practices. Federal accessibility rules under the ADA continue to require reasonable accommodation for customers needing flexible plastic straws.

Local ordinances banning or restricting plastic straws are void; ADA noncompliance is enforced under federal law and may result in DOJ actions or private lawsuits.