Nebraska Plastic Straw Rules: No Statewide Ban

Nebraska's Integrated Solid Waste Management Act (13-2001 to 13-2043), the Litter Reduction and Recycling Act (81-1559 to 81-1568), and the Pure Food Act (81-2,239 to 81-2,292) do not restrict single-use plastic straws or stirrers. There is no upon-request straw rule in Nebraska. Bills like LB 877 (2020) proposed to expressly preempt local rules on auxiliary containers including straws, but did not pass. Cities retain home rule, yet no Nebraska municipality enforces a plastic straw restriction. Federal ADA considerations require any future ordinance to maintain flexible straw access for individuals with disabilities. Restaurants must comply with food safety rules administered by the Nebraska Department of Agriculture.

There are no straw-specific penalties statewide. Improper disposal of straws can be cited under litter ordinances; food-code violations involving single-use items are enforced by the Nebraska Department of Agriculture inspectors with administrative penalties.