Cincinnati cannot impose a local plastic bag ban or fee. Ohio Revised Code 3737.83, in force since 2019 and renewed since, preempts municipalities from regulating auxiliary containers, including plastic bags, polystyrene, and similar items.
Hamilton County briefly attempted a bag fee, but Ohio Revised Code Section 3737.83 preempts political subdivisions, including Cincinnati, from imposing a tax, fee, or outright ban on auxiliary containers such as plastic bags, paper bags, foam containers, and similar products. The preemption was first enacted in 2019 and has been periodically extended by the General Assembly. As a result, Cincinnati's Green Cincinnati Plan goals around single-use plastic reduction rely on voluntary retailer programs, education, and procurement choices for city operations rather than mandates. Retailers may voluntarily charge for bags or move to reusable options. State preemption is the controlling rule, not local ordinance.
There are no local fines because Cincinnati cannot enforce a bag ban or fee. Any local ordinance attempting one would be void under ORC 3737.83 and unenforceable against retailers.
Cincinnati, OH
Cincinnati cannot ban expanded polystyrene foam containers because Ohio Revised Code 3737.83 preempts municipal restrictions on auxiliary containers. The cit...
Cincinnati, OH
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See how Cincinnati's plastic bag rules rules stack up against other locations.
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