South Carolina §44-96-180 (2020) preempts municipal regulation of auxiliary containers including plastic bags. Although Charleston County and Mount Pleasant passed bans before preemption, the state law blocks any new Charleston city bag ordinance.
In 2020 the South Carolina General Assembly enacted SC §44-96-180 prohibiting any county or municipality from adopting an ordinance regulating the use, disposition, or sale of auxiliary containers, defined to include plastic and paper bags, foam containers, cups, and bottles. Pre-existing Charleston-area bans (Charleston County 2018 plastic bag ban; Mount Pleasant 2018; Folly Beach 2016) were grandfathered in the legislation. The City of Charleston itself never adopted a bag ban before preemption, so retailers inside city limits face no fee or ban, while neighboring jurisdictions enforce their grandfathered rules.
No Charleston city violations exist for plastic bag distribution. Adjacent jurisdictions like Folly Beach issue fines under their grandfathered ordinances against retailers there.
Charleston, SC
Polystyrene foam container regulation in Charleston is preempted by South Carolina §44-96-180. The City of Charleston has no foam ban; restaurants and retail...
Charleston, SC
Charleston has no plastic straw ban or by-request rule. South Carolina §44-96-180 preempts local auxiliary container regulation, so straws may be distributed...
See how Charleston's plastic bag rules rules stack up against other locations.
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