Detroit cannot enforce a plastic bag ban or fee. MCL 445.592 (Michigan Public Act 389 of 2016) bars all Michigan local units of government from adopting any ordinance regulating, restricting, or imposing a fee on 'auxiliary containers' β bags, cups, bottles, and packaging.
MCL 445.592 (Public Act 389 of 2016, effective March 28, 2017) provides: 'a local unit of government shall not adopt or enforce an ordinance that does any of the following: (a) Regulates the use, disposition, or sale of auxiliary containers. (b) Prohibits or restricts auxiliary containers. (c) Imposes a fee, charge, or tax on auxiliary containers.' 'Auxiliary container' is broadly defined to include bags, cups, bottles, cans, and similar single-use or reusable packaging. The bill was a direct response to Washtenaw County's 10-cent paper-and-plastic bag fee, enacted in November 2016, which the Legislature voided through PA 389. The Michigan Attorney General's office advised that any continued enforcement of the Washtenaw fee would be unlawful. Detroit had not adopted a bag ordinance and did not pursue one after PA 389. The Detroit Department of Public Works operates the Curbside Recycling Cart program (which excludes plastic bags) and partners with Recycle Here! drop-off centers. Detroit's Sustainability Action Agenda targets 30% diversion by 2030 through voluntary action within MCL 445.592 limits.
Detroit cannot cite retailers or shoppers for bag distribution. Bag-related litter is enforceable through Detroit City Code Chapter 22 (Environment) and MCL 324.8905 (state littering offense, up to 90 days and $500). Putting plastic bags in the curbside cart is a contamination issue handled through education.
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