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Fairfax County, VA Single-Use Items: Plastic Bag Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Rate
5 cents per bag
Authority
VA Code 58.1-1745
Effective
January 1 2022
Retailers
Grocery convenience drug

Summary

Fairfax County charges a five-cent tax on disposable plastic bags at grocery stores, convenience stores, and pharmacies. Authorized by Virginia Code 58.1-1745, effective in Fairfax since January 2022.

These county ordinances apply to unincorporated areas of Fairfax County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. Any county or city may, by duly adopted ordinance, impose a tax in the amount of five cents ($0.05) for each disposable plastic bag provided, whether or not provided free of charge, to a consumer of tangible personal property by retailers in grocery stores, convenience stores, or drugstores.

B. Any tax imposed under this section shall be collected by the retailer, along with the purchase price and all other fees and taxes, at the time the consumer pays for such personal property. All revenue accruing to the county or city from a tax imposed under the provisions of this article shall be appropriated for the purposes of environmental cleanup, providing education programs designed to reduce environmental waste, mitigating pollution and litter, or providing reusable bags to recipients of Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children Program (WIC) benefits.

C. Each local ordinance imposing the tax shall provide for the tax to become effective on the first day of any calendar quarter; however, in no event shall any tax imposed pursuant to this article become effective before January 1, 2021. The county or city shall, at least three months prior to the date the tax is to become effective, provide a certified copy of such ordinance to the Tax Commissioner.

Source: Virginia Code 58.1-1745View official code

Full Breakdown

Virginia Code 58.1-1745, enacted in 2020, authorized counties and cities to impose a five-cent tax on disposable plastic bags provided at grocery stores, convenience stores, and drugstores. The Fairfax County Board of Supervisors adopted the tax effective January 1, 2022. Retailers collect the tax and remit through the Virginia Department of Taxation; small retailers receive a temporary collection allowance. Bags used for ice cream, prescription drugs, dry cleaning, bulk produce, raw meat, and live plants are exempt. Revenue funds environmental cleanup, education, and free reusable bag distribution to SNAP and WIC participants. Reusable, paper, and home-delivery bags are not taxed.

Violations & Fines

Retailers that fail to collect or remit the tax face Virginia Department of Taxation enforcement, including back-tax assessments, interest, and civil penalties under state revenue law.

Frequently Asked Questions

Are paper bags taxed in Fairfax County?
No. The five-cent tax applies only to disposable plastic bags. Paper, reusable, and home-delivery bags are exempt under Virginia Code 58.1-1745.
What does the bag tax revenue fund?
Fairfax uses the revenue for environmental cleanup, public education, and providing reusable bags to residents enrolled in SNAP and WIC.

Sources & Official References

Other rules in Fairfax County

All Fairfax County rules

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