Plastic Bag Rules: Fargo vs Horace
How do plastic bag rules rules compare between Fargo, ND and Horace, ND?
Fargo and Horace have similar restriction levels.
Fargo, ND
Cass County
Fargo cannot ban or tax plastic shopping bags because NDCC Β§23.1-01-04, enacted in 2019, preempts local regulation of disposable food and merchandise containers, including bags and cups.
View full Fargo rules βHorace, ND
Cass County
North Dakota has no statewide preemption on plastic bags, leaving cities and counties free to adopt their own bag bans, fees, or recycling rules.
View full Horace rules βKey Facts Comparison
| Fact | Fargo | Horace |
|---|---|---|
| Preemption statute | NDCC 23.1-01-04 | - |
| Year enacted | 2019 | - |
| Local bag ban | Not allowed | - |
| Voluntary fees | Retailers may charge | - |
| - | - |
Highlighted rows indicate differences between cities.
Fargo FAQ
Can Fargo ban plastic bags at grocery stores?
No. NDCC 23.1-01-04 preempts cities from banning or taxing plastic bags or other disposable food and merchandise containers, enacted in 2019.
Can a Fargo store still charge for bags?
Yes. The state law preempts only government action. Individual retailers may voluntarily charge for bags or stop offering plastic on their own.
Horace FAQ
Can a North Dakota city ban plastic bags?
Yes. State law does not preempt local plastic bag regulation, so cities may adopt their own rules.
Are there current statewide bag fees?
No. North Dakota has not enacted statewide bag fees, taxes, or bans.
Where can I find local rules?
Check your city or county code directly, as North Dakota leaves bag rules to local governments.
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