Arkansas Code 8-9-110, enacted by Act 879 of 2021, preempts cities and counties from regulating auxiliary containers including plastic bags. Local taxes, fees, and bans on plastic bags are prohibited statewide under Arkansas law.
Act 879 of 2021, codified at Arkansas Code 8-9-110, reserves to the state the regulation of auxiliary containers, including plastic carryout bags, paper bags, polystyrene foam containers, cups, bottles, and similar items. Cities and counties cannot impose taxes, fees, charges, or outright bans on these containers, and cannot mandate alternatives. The law was enacted in response to bag bans and fees adopted in other states. Existing local ordinances are unenforceable. Voluntary retailer recycling programs and reusable bag offerings remain permitted.
Local ordinances regulating auxiliary containers are void; aggrieved retailers and businesses may seek declaratory and injunctive relief against political subdivisions.
Fort Smith, AR
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Fort Smith, AR
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Fort Smith, AR
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Fort Smith, AR
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Fort Smith, AR
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Fort Smith, AR
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See how Fort Smith's plastic bag rules rules stack up against other locations.
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