Plastic Bag Rules

Arizona prohibits cities, towns, and counties from regulating or banning auxiliary containers like plastic bags, cups, and bottles under ARS 9-500.38.

Arkansas Code § 14-1-104, enacted by Act 751 of 2021, preempts cities and counties from regulating 'auxiliary containers' including plastic bags. Local taxes, fees, and bans on…

California prohibits grocery stores and large retailers from providing single-use plastic carryout bags under Public Resources Code 42280-42288, enacted by SB 270 (2014) and ratified…

Colorado banned single-use plastic carryout bags and polystyrene foam containers statewide under the Plastic Pollution Reduction Act, fully effective in 2024.

Public Act 19-117 banned single-use plastic checkout bags statewide effective July 2021 after a transitional ten-cent fee period under CGS Title 22a.

Delaware restricts single-use plastic carryout bags under 7 Del. C. Section 6099A, the at-store recycling program, effective January 1, 2021 and strengthened July 1, 2022. Covered…

Washington, DC charges consumers 5 cents for every disposable paper or plastic carryout bag at retail establishments that sell food or alcohol, with proceeds funding Anacostia River…

Florida Statute 403.7033 preempts the regulation of disposable plastic bags by local governments, prohibiting cities and counties from enacting bans or fees on retailers pending a…

Idaho Code 67-2340, enacted in 2016, prohibits cities and counties from regulating, banning, or imposing fees on auxiliary containers, including plastic bags, polystyrene, and other…

Indiana Code 36-1-3-8.6 (2016) preempts local governments from banning, taxing, or regulating auxiliary containers, including plastic and paper bags. City or county single-use bag bans…

Iowa Code 364.3(3)(c) (cities) and 331.301(6) (counties) preempt local governments from regulating consumer merchandise containers, including plastic bags, foam containers, cups, and…

Maine's LD 1532 enacted a statewide ban on single-use plastic carryout bags, codified in 38 MRS section 1611, with retailer fee requirements for paper alternatives.

Michigan PA 389 of 2016 (MCL 445.572b) prohibits local governments from banning, taxing, or regulating plastic bags and other auxiliary containers.

Minnesota previously preempted local plastic bag bans under Minn. Stat. 325E.045, but the legislature repealed that preemption in 2023, allowing cities like Minneapolis to enforce bag…

Mississippi's 2018 auxiliary-container preemption law, Miss. Code Sections 17-1-71 through 17-1-75, bars cities and counties from regulating, banning, taxing, or charging fees on…

Missouri RSMo 260.283 bars cities and counties from banning, taxing, or charging fees on paper or plastic bags, and prohibits them from banning customer use of reusable bags. The…

Montana enacted MCA 7-1-121 in 2021 (HB 407), preempting local governments from regulating, banning, or imposing fees on plastic bags and other auxiliary containers.

Nebraska does not impose a statewide plastic bag ban or fee. Local authority over plastic carryout bags is shaped by general municipal home rule and recycling statutes; legislative…

Under NJSA 13:1E-99.126, New Jersey banned single-use plastic carryout bags and single-use paper bags at large grocery stores effective May 2022, the strongest such law nationally.

The New York Bag Waste Reduction Law (Environmental Conservation Law §27-2801, enacted 2019, enforced March 2020) bans most single-use plastic carryout bags statewide. Counties and…

North Dakota has no statewide preemption on plastic bags, leaving cities and counties free to adopt their own bag bans, fees, or recycling rules.

Ohio House Bill 242 preempts local plastic bag bans and fees, requiring uniform statewide treatment of auxiliary containers including plastic bags.

Oklahoma prohibits municipalities from regulating, taxing, or banning auxiliary containers including plastic bags, foam, and similar items, reserving authority to the state legislature.

HB 2509 bans most single-use plastic checkout bags statewide and requires a minimum charge for paper or thicker reusable bags at retailers.

Rhode Island enacted a statewide plastic carryout bag ban effective January 1, 2024 under RIGL Chapter 23-92, the Plastic Waste Reduction Act, prohibiting most single-use plastic…

South Dakota's municipal authority under SDCL 9-32 does not authorize cities to ban plastic bags, and statewide policy favors uniform commerce rules without local plastic restrictions.

Tennessee preempts local plastic bag bans and fees under T.C.A. § 7-51-2002 (enacted 2019), which makes the state the exclusive regulator of auxiliary containers such as bags.

The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and…

Vermont banned single-use plastic carryout bags statewide effective July 1, 2020 under Act 69 of 2019, with paper bag fees and exemptions for certain uses.

Virginia Code 58.1-1745 authorizes counties and cities to impose a 5-cent tax on disposable plastic bags provided at grocery stores, convenience stores, and drugstores within their…

Washington RCW 70A.530 bans single-use plastic carryout bags statewide and requires retailers to charge a pass-through fee for compliant paper or reusable bags.

West Virginia has no statewide plastic bag ban or fee and no statute expressly preempting local bag ordinances, leaving the area lightly regulated.