Think Twice: Why Tossing Food From Your Car Could Land You In Trouble

People Tossing Food From Cars on Idaho Interstates is a Real Thing

I was commuting between Twin Falls and Boise over the weekend, and while I was passing a semi on I-84, the truck in front of me flung something from his window that glanced across my windshield.

At 80+ mph, it took me a second to wrap my head around what had just happened. The guy in front of me had just finished his banana and decided to toss it out the window. I wasn’t mad about it. If you’ve ever left a banana peel out for more than five minutes, you know how much it can stink up the place.

Is Throwing Food Out of Your Car Window Against the Law in Idaho?

But it did get me thinking. Was the man breaking the law by tossing his banana? Was he not only littering, but could something worse have happened? Could his seemingly harmless act have turned into an unintentional game of Mario Kart? Could someone have gotten hurt… or worse?

My parents always taught me not to litter, but they said that food—or more specifically, anything biodegradable—was not considered littering.

To my surprise, Idaho’s littering statute includes food.

Idaho Statute: 18-7031 – Placing Debris on Public or Private Property

It shall constitute an infraction for any person, natural or artificial, to deposit upon any public or private property within this state any debris, paper, litter, glass bottles, glass, nails, tacks, hooks, hoops, cans, barbed wire, boards, trash, garbage, lighted material or other waste.

State code considers any material or waste to be litter. Whether it’s harmful to the environment or not, chucking food on public or private property is punishable by a $150 fine on the first offense. A second offence could earn you up to a $300 fine. And a third offense could lead to a misdemeanor charge with up to a $1000 fine and possible jail time. 

Tossing Food From Your Car Could Land You in Jail?

If the act of littering causes an accident, the answer is absolutely yes.

Idaho’s code (49-1401) gives a broad definition of reckless driving, stating that operating a vehicle in a manner that endangers others is considered reckless.

Moreover, if you cause an accident, you could get slapped with Negligent Driving. Heaven forbid someone is injured or killed—in an extreme case, the charges could escalate to involuntary manslaughter.

Next time you think about tossing your food from a moving car, best hold on to it until you can throw it away.