Atlanta cannot ban or tax plastic carryout bags. Georgia HB 757 (2018), codified at OCGA Title 32 Chapter 2 Section 405, preempts auxiliary container regulation by local governments statewide.
Georgia HB 757, signed in 2018 and codified at OCGA Title 32 Chapter 2 Section 405, preempts local governments from regulating auxiliary containers, including plastic carryout bags, paper bags, polystyrene foodware, cups, and bottles. This means Atlanta cannot adopt a plastic bag ban, mandatory paper-bag fee, or BYO-bag mandate, even on city-owned property under most readings of the statute. The city has instead pursued voluntary reuse campaigns, ATL2050 sustainability commitments, and supplier-side procurement preferences that do not regulate retail customer transactions.
No city-level penalties exist because Atlanta cannot enact a ban. Any future Atlanta ordinance attempting to ban or fee plastic bags would be unenforceable and challengeable under OCGA Title 32 Chapter 2 Section 405.
Atlanta, GA
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Atlanta, GA
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See how Atlanta's plastic bag rules rules stack up against other locations.
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