Jackson's Relaxed Approach to Single-Use Items: What's Allowed

If you live in Jackson or are thinking about moving there, single-use items are one of those things you probably won't think about until they affect you directly. Jackson has 4 specific rules on the books covering different aspects of single-use items, and some of them might surprise you.

Plastic Bag Rules

Jackson cannot ban or tax plastic carryout bags. Mississippi Code §17-17-3, enacted in 2018, preempts cities and counties from regulating auxiliary containers including plastic bags, foam containers, and similar packaging used by retailers.

Key details: State statute: Miss. Code §17-17-3. Effective: 2018 amendment. Local bag ban: Preempted, void. Allowed local action: Education, litter cleanup.

Not applicable. No local ordinance can enforce a plastic bag rule because state preemption voids any such measure as a matter of law.

The rules around plastic bag rules in Jackson lean permissive, but that does not mean anything goes.

Polystyrene Foam Rules

Jackson cannot ban polystyrene foam takeout containers. Mississippi Code §17-17-3 preempts any local rule on auxiliary containers, including expanded polystyrene foam used for cups, clamshells, and trays at restaurants and food vendors.

Key details: Preemption statute: Miss. Code §17-17-3. Local ban status: Void on its face. Voluntary switching: Allowed for businesses. Stormwater rules: Still enforceable.

Not applicable. State preemption voids any local enforcement, so no fines or penalties can be imposed under a foam-specific Jackson ordinance.

Jackson is more permissive than most cities when it comes to polystyrene foam rules. That said, there are still limits.

Plastic Straw Rules

Jackson cannot mandate skip-the-straw or plastic straw bans. Mississippi Code §17-17-3 preempts city regulation of auxiliary containers and accessories, leaving plastic straw policy to retailer discretion or future state legislative action.

Key details: Preemption: Miss. Code §17-17-3. Request-only rule: Cannot be mandated. Voluntary switch: Allowed. ADA concerns: Plastic accessibility tool.

Not applicable. State preemption voids local straw-specific ordinances, so no Jackson penalties can be enforced against retailers for plastic straw use.

Jackson is more permissive than most cities when it comes to plastic straw rules. That said, there are still limits.

Takeout Containers

Jackson cannot regulate takeout container materials, fees, or labeling. Mississippi Code §17-17-3 preempts municipal action on auxiliary containers, leaving Jackson restaurants free from local mandates on clamshells, cups, and to-go boxes.

Key details: Preemption statute: Miss. Code §17-17-3. Material mandates: Preempted at city level. Food safety: MSDH Food Code applies. Litter enforcement: Still allowed.

Not applicable for material or fee mandates because of state preemption. Litter and illegal dumping involving takeout containers can still be cited under general Jackson antilittering laws.

If you are coming from a city with tighter rules, you will find Jackson gives residents more flexibility on takeout containers.

The Bottom Line

Compared to many U.S. cities, Jackson gives residents more room on single-use items. 4 of the 4 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Jackson's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.