Plastic Bag Rules: Mesa vs Tempe
How do plastic bag rules rules compare between Mesa, AZ and Tempe, AZ?
Mesa and Tempe have similar restriction levels.
Mesa, AZ
Maricopa County
ARS Section 11-269.18, signed in 2015, prohibits Mesa and every other Arizona city or county from banning, taxing, or regulating single-use plastic bags or other auxiliary containers. Local fees on bags are also preempted.
View full Mesa rules →Tempe, AZ
Maricopa County
ARS section 9-500.38, the 2015 Cooler Heads Prevail Act, bars Maricopa County and Arizona cities from banning, taxing, or imposing fees on plastic carryout bags. Stores across the county may distribute single-use plastic bags freely.
View full Tempe rules →Key Facts Comparison
| Fact | Mesa | Tempe |
|---|---|---|
| Statute | ARS 11-269.18 | - |
| Year | 2015 (SB 1241) | - |
| Scope | Bags, cups, containers | - |
| Fees | Preempted too | - |
| Penalty for cities | Shared revenue withhold | - |
| Preemption statute | - | ARS section 9-500.38 |
| Year enacted | - | 2015 (HB-2131) |
| County bag fee | - | Not allowed |
| Take-back program | - | Voluntary, store-based |
Highlighted rows indicate differences between cities.
Mesa FAQ
Why doesn't Mesa charge for plastic bags like California cities?
Arizona state law (ARS 11-269.18) bars every Arizona city and county from banning or charging for plastic bags. Mesa cannot adopt such a rule unless the legislature repeals the preemption.
Can Mesa stores voluntarily go bagless?
Yes. Individual Mesa retailers may voluntarily eliminate plastic bags, charge optional fees, or offer reusable bags; the preemption only blocks government mandates.
Tempe FAQ
Will Maricopa County ever charge me a fee for a plastic bag?
No. ARS section 9-500.38 preempts county and city bag fees and bans, and a violating jurisdiction risks losing state-shared revenue under SB-1487. Bag charges are unlawful here.
Can a Maricopa County grocery store voluntarily switch to paper only?
Yes. Private retailers may set their own packaging policies; the preemption only blocks government-imposed mandates. Several county grocers offer reusable bags and plastic-bag recycling stations.
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