Boise cannot enforce a plastic bag ban or fee. Idaho Code § 67-2340 provides that 'any regulation regarding the use, disposition or sale of...any imposition of any prohibition, restriction, fee imposition or taxation of auxiliary containers...shall be imposed only by statute enacted by the legislature.' The preemption was enacted in 2016 (H.B. 372).
Idaho Code § 67-2340, enacted by H.B. 372 and signed by Governor C.L. 'Butch' Otter on March 24, 2016, declares regulation of auxiliary containers a matter for the legislature alone. 'Auxiliary container' is defined to include 'reusable bags, disposable bags, boxes, cups and bottles made of cloth, paper, plastic, extruded polystyrene or similar materials designed for one-time use or for transporting merchandise or food from food and retail facilities.' The statute exempts curbside recycling programs and designated residential or commercial recycling locations. The bill was a direct response to a Sandpoint bag-ban proposal and to broader discussions in Boise, Ketchum, Moscow, and Hailey. After enactment, every Idaho local bag-ban proposal was withdrawn. Boise's Public Works Department operates the Curb It curbside recycling program (no plastic bags) and Hefty ReNew orange-bag program for hard-to-recycle plastics. The City of Boise Energy Future plan and Climate Action Roadmap target zero waste through voluntary action — including BYOB campaigns at Boise Farmers Market — within § 67-2340 limits.
Boise cannot fine retailers or shoppers for bag distribution. Bag-related litter is enforceable through Boise City Code Title 5 (Garbage and Solid Waste) and Idaho Code § 18-7031 (littering, infraction up to $500). The 2021 Hefty ReNew orange-bag program — operated by Republic Services in partnership with the City — accepts plastic film and is the most direct way for Boise residents to keep bags out of the landfill.
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