Fargo cannot ban or tax plastic shopping bags because NDCC §23.1-01-04, enacted in 2019, preempts local regulation of disposable food and merchandise containers, including bags and cups.
In 2019 the North Dakota Legislature enacted what is now NDCC §23.1-01-04, expressly preempting cities and counties from regulating, banning, or imposing fees on disposable food containers, plastic bags, cups, packaging, and similar single-use items. The law was passed in response to early movement on bag bans in other states and effectively forecloses any Fargo ordinance restricting plastic shopping bags. Retailers may voluntarily charge for bags, and individual stores may choose paper or reusable options, but the city cannot mandate alternatives. This places Fargo among the most preemption-heavy states for single-use plastics.
Because preemption applies to local government action rather than residents, individuals face no penalty, but a city ordinance attempting a ban would be invalid in court.
Fargo, ND
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See how Fargo's plastic bag rules rules stack up against other locations.
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