SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 865

Local Regulation of Drinking Straws and Stirrers
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SPONSOR
Blanco
FILED BY
Omar Blanco — District 115, Republican [search donations]
EFFECTIVE
upon becoming a law
DIED IN
Natural Resources & Disasters Subcommittee

Filed under Environment & Water.

PROVIDED SUMMARY

Local Regulation of Drinking Straws and Stirrers; Prohibits local governmental entities from enacting any rule, regulation, or ordinance for drinking straws or stirrers which does not meet specified requirements; provides requirements for local governmental entities that elect to enact rules, regulations, or ordinances for drinking straws or stirrers.

Full bill text →

Plain English Summary

AI-GENERATED
Forces cities to loosen existing straw bans by 2027.

Local governments can no longer ban drinking straws or stirrers outright. Any new local rule must instead require straws that are renewable, home compostable, industrially compostable, and marine biodegradable all at once.

By January 1, 2027, any existing city or county ordinance that blocks these certified straws has to be rewritten to allow them, unwinding stricter local bans already on the books.

Straws sold with a prepackaged drink, and any straw used in a hospital, medical facility, or senior care facility, fall outside this rule entirely; local governments can still regulate those however they choose.

The Legislature's stated reason: it says paper straws often contain PFAS chemicals and that patchwork local rules burden businesses and residents with disabilities who need plastic straws.

KEY PROVISIONS
§ 1 Preempts local straw and stirrer rules that fall short majors. 403.7034

AIA city or county cannot pass any rule, regulation, or ordinance on the use, sale, or restriction of drinking straws and stirrers unless that rule meets the certification standards this section sets.

“may not enact any rule, regulation, or ordinance regarding the use, disposition, sale, prohibition, or restriction of drinking straws or stirrers” bill text, line 58 →
§ 2 Forces existing local straw ordinances to be rewritten by 2027 majors. 403.7034

AIAny local ordinance already in effect that blocks renewable, home compostable, industrial compostable, or marine biodegradable straws and stirrers must be amended by January 1, 2027 to allow them.

“a local governmental entity shall amend any such rule, regulation, or ordinance in effect as of the effective date of this act” bill text, line 62 →
§ 3 Requires a new local rule to demand all four certifications at once majors. 403.7034

AIIf a local government does choose to regulate drinking straws or stirrers, its rule must require them to be renewable, home compostable certified, industrial compostable certified, and marine biodegradable, all four together.

“(b) Home compostable certified; (c) Industrial compostable certified; and (d) Marine biodegradable.” bill text, line 76 →
§ 4 Exempts prepackaged drinks and medical facilities entirely majors. 403.7034

AIThe whole section, preemption and certification standards alike, does not reach a straw sold with a prepackaged drink or used in a hospital, medical facility, or senior care facility.

“A hospital, a medical care facility, or a senior care facility.” bill text, line 83 →
TIMELINE
3/13/2026
Died in Natural Resources & Disasters Subcommittee
1/13/2026
1st Reading (Original Filed Version)
1/5/2026
Now in Natural Resources & Disasters Subcommittee
1/5/2026
Referred to State Affairs Committee
1/5/2026
Referred to Intergovernmental Affairs Subcommittee
1/5/2026
Referred to Natural Resources & Disasters Subcommittee
12/23/2025
Filed
1 EARLIER →
STATUTES IT CHANGES
s. 403.7034
+380 / −0