Kentucky's KRS §65.067 partially preempts local plastic bag bans, prohibiting cities from banning auxiliary containers based on material. Louisville Metro cannot enact a plastic bag ban or fee on retailers under current state law.
KRS §65.067, enacted in 2021 (HB 332), prohibits Kentucky cities and counties from adopting any ordinance regulating the use, disposition, or sale of auxiliary containers (including plastic bags, polystyrene, paper bags, cups, and bottles) that imposes a tax, fee, or outright ban on the basis of the container's material. The statute reserves auxiliary-container regulation to the state. Louisville Metro accordingly cannot enact a plastic bag ban, a paper-bag fee, or similar measures targeting retailers. Voluntary recycling, take-back programs, and public-place litter rules under Louisville Metro Code Chapter 51 remain permissible.
Because Louisville cannot enforce a bag ban, there are no local penalties on retailers; any inconsistent ordinance would be void under KRS § 65.067 preemption.
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