North Dakota Statewide Rule
North Dakota Plastic Straws Regulatory Status
Key Facts
- Statewide Plastic
- No statewide plastic straw rules in North Dakota
- Local Governments
- Local governments may adopt their own policies
- Ada Access
- ADA access must be considered in any local ban
- Few Cities
- Few or no ND cities have adopted straw rules
- Restaurants Set
- Restaurants set their own distribution practices
Summary
North Dakota has no statewide rules on plastic straws under NDCC, and local governments retain authority to adopt their own straw policies if desired.
23.1-08-06.1. Prohibition on political subdivision ordinance regulating auxiliary containers. 1. Notwithstanding any other provision of law, a political subdivision may not adopt or enforce an ordinance that: a. Regulates the use or disposition of an auxiliary container; b. Prohibits or restricts an auxiliary container; or c. Imposes a fee, charge, or tax on an auxiliary container. 2. This section may not be construed to prohibit or restrict: a. A curbside or commercial recycling program; b. A designated residential or commercial recycling location; c. A political subdivision from adopting or enforcing an ordinance prohibiting littering; or d. A political subdivision or a public or private facility from using or regulating an auxiliary container on property owned by the respective political subdivision or public or private facility. 23.1-08-07. Littering and open burning prohibited - Penalty. 1. A person may not discard and abandon litter, furniture, or major appliances upon public property or upon private property not owned by that person, unless the property is designated for the disposal of litter, furniture, or major appliances and that person is authorized to use the property for that purpose. 2.
Full Breakdown
North Dakota does not regulate single-use plastic straws at the state level. There is no statewide ban, on-request requirement, or preemption preventing local action. Cities and counties may adopt their own straw policies under home rule, including bans, on-request distribution rules, or material standards. Most North Dakota communities have not adopted formal straw regulations, leaving distribution practices up to individual restaurants and retailers. Federal Americans with Disabilities Act considerations apply when local governments craft straw rules to ensure access for people who need flexible plastic straws.
Violations & Penalties
No state penalties exist for plastic straw use. Enforcement is entirely local where ordinances are adopted, typically through municipal civil fines starting around 100 dollars per violation. Restaurants generally face progressive enforcement starting with warnings before financial penalties under any future local rules.
Frequently Asked Questions
Are plastic straws banned in North Dakota?
Can a city require straws by request only?
Do ADA rules affect straw policies?
Sources
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