Indianapolis cannot ban or tax single-use plastic bags. Indiana Code 36-1-3-5.6 preempts any local regulation of auxiliary containers, including bags, cups, bottles, and similar disposable retail packaging, leaving the matter entirely to the General Assembly.
Indiana's auxiliary container preemption statute, IC 36-1-3-5.6, was enacted in 2016 and bars cities, counties, and townships from adopting any ordinance, resolution, regulation, or policy that imposes a tax, fee, or ban on disposable paper or plastic bags, cups, bottles, or other single-use items used for consumer goods. The statute was a direct response to Bloomington's proposed bag ordinance. Indianapolis-Marion County is fully bound. Voluntary store programs (target's bag-take-back, Kroger phaseout pilots) are permitted, but the city cannot mandate participation. Litter and stormwater concerns must instead be addressed through general littering laws and storm-drain protections.
Cities that attempt to enforce a bag ordinance face state-court invalidation; there are no penalties on retailers because no local ban can lawfully exist.
Indianapolis, IN
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Indianapolis, IN
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See how Indianapolis's plastic bag rules rules stack up against other locations.
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