Wisconsin Plastic Straw Local Rules Preempted

Wis. Stat. 66.0419 broadly defines auxiliary containers and related single-use items, capturing plastic straws and stirrers within its preemption scope. Local governments cannot prohibit straws, mandate paper alternatives, or require straw-on-request policies. Wisconsin has not enacted state-level straw legislation, so restaurants are free to provide plastic straws by default. Some Wisconsin chains have voluntarily switched to paper or compostable straws to meet customer expectations or corporate sustainability goals, but they do so without legal compulsion. Federal accessibility considerations may apply for customers with disabilities who need flexible plastic straws.

An ordinance prohibiting plastic straws or requiring straw-on-request would be unenforceable under 66.0419 and subject to legal challenge with possible attorney fee recovery.