Plastic Bag Rules: Birmingham vs Hoover
How do plastic bag rules rules compare between Birmingham, AL and Hoover, AL?
Birmingham has fewer restrictions than Hoover.
Birmingham, AL
Jefferson County
Alabama Code Section 22-22B-1, enacted in 2019, prohibits Birmingham and every other Alabama municipality from regulating, taxing, or banning single-use plastic bags or other auxiliary containers used by retail and food establishments.
View full Birmingham rules βHoover, AL
Jefferson County
Alabama Code Section 11-89C-10, enacted in 2019, preempts cities and counties from regulating, banning, or taxing auxiliary containers including plastic bags.
View full Hoover rules βKey Facts Comparison
| Fact | Birmingham | Hoover |
|---|---|---|
| State preempt | AL Code 22-22B-1 (2019) | - |
| City authority | None on bag policy | - |
| Covered items | Bags, cups, bottles, packages | - |
| Litter penalty | Title 10 anti-litter rules | - |
| - | - |
Highlighted rows indicate differences between cities.
Birmingham FAQ
Can Birmingham charge a 5-cent fee on plastic bags?
No. Alabama Code 22-22B-1 expressly preempts any local fee, tax, or ban on auxiliary containers. Only the state legislature can change this rule.
Can a private retailer in Birmingham still ban plastic bags?
Yes. The preemption applies to government regulation, not private business decisions. Stores may charge for bags or eliminate them voluntarily as a matter of business policy.
Hoover FAQ
Can my Alabama city ban plastic bags?
No. Code Section 11-89C-10 preempts local ordinances regulating, banning, or taxing auxiliary containers like plastic bags.
Does the law cover paper bags too?
Yes, the preemption applies to all auxiliary containers including paper bags, cups, bottles, and similar items.
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