DISTRIBUTION OF PLASTIC BEVERAGE STRAWS AND STIR STICKS REGULATED.
Madison General Ordinances § 23.62
in effect23.62 - DISTRIBUTION OF PLASTIC BEVERAGE STRAWS AND STIR STICKS REGULATED.
(1) Purpose. Research has shown that single-use plastic products are harmful to the environment because, if not recycled, these products often end up in the natural environment, including in oceans, lakes, and rivers where they pose serious threats to marine life. For example, scientists estimate that each year approximately 1 million seabirds and 100,000 marine animals die from ingesting plastic.
Two types of single-use plastic product are the plastic beverage straw and plastic stir stick. Research shows that Americans use almost 500 million plastic beverage straws per day, often for no more than 10 minutes at a time. Moreover, the single-use plastic beverage straw is one single-use plastic product that is particularly harmful to the environment because most cities, like Madison, cannot recycle plastic beverage straws due to their small size and unusual shape. Similarly, millions more beverages are prepared with plastic stir sticks which, if used at all, are used for even less time. Plastic stir sticks are also difficult to recycle.
Thus, reducing reliance on plastic beverage straws and stir sticks is one way Madison can help ensure that these products, which are used briefly but can take nearly 200 years to decompose, do not unnecessarily harm the environment.
The City also recognizes the importance of balancing the purpose of this Ordinance with the needs of individuals with disabilities who may depend on plastic straws to consume beverages. This Ordinance therefore encourages restaurants to have straws available for those customers and does not prohibit restaurants from providing plastic straws to customers who request them.
(2) Restrictions. It shall be unlawful for a restaurant to prepare a drink with a plastic straw or plastic stir stick for a dine-in customer unless the restaurant asks the dine-in customer if they want a plastic straw or stir stick. This Ordinance does not prohibit a restaurant from providing a plastic beverage straw or plastic stir stick to a take-out customer or making plastic straws or plastic stir sticks available for dine-in customers to take voluntarily. This Ordinance also does not prohibit the restaurant from providing a straw upon a dine-in customer's request. Finally, this Ordinance does not prohibit restaurants from preparing drinks with straws or stir sticks made from materials other than plastic.
(3) Definitions.
Customer. An individual, business, or organization.
Dine-In Customer. A customer that orders and consumes food or beverage items on a restaurant's premises.
Plastic Beverage Straw. A tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage or semifluid from its container to the mouth of the drinker.
Plastic Stir Stick. A stick made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for stirring a beverage semifluid in its container.
Restaurant. The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, and all other eating and drinking establishments. Kitchens or other places in which meals, lunches or sandwiches are prepared for sale elsewhere, and any conveyance or place from which meals, lunches, or sandwiches are sold are termed "restaurant" for the purpose of this Ordinance. The term "restaurant" does not apply to churches, religious and fraternal organizations which occasionally prepare and serve or sell meals or lunches to transients or the general public.
Single-Use. A product designed to be only used one time in the same form by the original user.
Take-Out Customer. A customer that purchases food or beverage items at a restaurant and does not intend to eat on the restaurant's premises, including customers obtaining food or beverages at a drive-thru window.
(4) Penalty. Any restaurant violating any provision of this Ordinance shall be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).
(Cr. by ORD-20-00019, 2-13-20, effective 5-13-20)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH23OFAGPUPO_23.62DIPLBESTSTSTREFetched: 11/1/2026