Montana Statewide Rule

Montana Plastic Straw Rules and Preemption

Few RestrictionsApplies statewide across Montana (2026)

Montana does not regulate plastic straws statewide and bars local governments from banning or charging fees on straws through the auxiliary-container preemption in MCA 7-1-121.

Key Facts

No statewide straw ban: None in Montana
Straws covered by: MCA 7-1-121 preemption
Local restrictions: Unenforceable
Voluntary practices: Permitted
Litter laws: Still apply to disposal

Source: Montana Legislature

Full Breakdown

Plastic and other single-use straws fall within the auxiliary-container definition in MCA 7-1-121, which preempts local regulation, prohibition, or fees. Restaurants and retailers may freely distribute plastic straws to customers in Montana. Some businesses voluntarily adopt request-only or alternative-material straw practices, but they are not required by state or local law. General disposal and litter regulations remain applicable.

Violations & Penalties

Local ordinances banning or restricting straws are unenforceable; businesses face no straw-specific penalties under state law.

Frequently Asked Questions

Can Montana cities require straws by request only?

No. Local straw regulations are preempted by MCA 7-1-121.

Can restaurants choose to skip plastic straws?

Yes. Businesses may voluntarily adopt alternative-material or request-only practices.

Sources

MCA 7-5-103

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Full Breakdown