North Carolina Statewide Rule
North Carolina Plastic Straw Regulation Status
Key Facts
- Rule
- No statewide plastic straw ban exists
- Rule
- No express local authority to ban straws
- Measurement
- Voluntary upon-request policies are common
- Measurement
- ADA accommodations always required
Summary
North Carolina has no statewide ban on plastic straws and does not authorize local governments to ban single-use plastic straws or other utensils.
(a) Except as provided under subsection (b) of this section, no city may adopt an ordinance, resolution, regulation, or rule to: (1) Restrict, tax, charge a fee, prohibit, or otherwise regulate the use, disposition, or sale of an auxiliary container. (2) Regulate the use of shopping carts, including the imposition of a fee or fine on a business for failure to take possession of a shopping cart that was removed from the premises of the business. (b) A city is authorized to: (1) Operate a recycling program, a composting program, and a solid waste disposal program as authorized by law. (2) Regulate the use of auxiliary containers on property owned or maintained by the city. (c) The following definitions shall apply in this section: (1) Auxiliary container. - A bag, cup, package, container, bottle, device, or other packaging made of cloth, paper, plastic, foamed plastic, fiber, expanded plastic, cardboard, corrugated material, aluminum, glass, post-consumer recycled material, or similar coated or laminated material that is designed for the consumption, transportation, or protection of merchandise, food, or beverage at a food service facility, manufacturing facility, distribution facility, processing facility, or retail facility.
Full Breakdown
North Carolina has not enacted a statewide prohibition or upon-request requirement for plastic straws, and the General Assembly has not delegated authority to counties or municipalities to regulate single-use plastic straws or stirrers. Restaurants and retailers may voluntarily switch to paper, compostable, or upon-request straw policies. Solid waste disposal rules under NCGS Chapter 130A apply generally. Federal accessibility law continues to require accessible drinking accommodations for individuals with disabilities, regardless of any voluntary straw policy.
Violations & Penalties
No state-specific penalties for plastic straw use; voluntary programs are not legally enforceable absent contract or franchise terms.
Frequently Asked Questions
Are plastic straws banned in North Carolina?
Do North Carolina restaurants have to provide straws on request?
Sources
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