Wisconsin Act 302 (2016), codified at Wis. Stat. §66.0419, preempts any Madison ordinance regulating, banning, or charging fees on single-use plastic carryout bags, blocking the kind of policies seen in Milwaukee proposals or Minneapolis.
Wis. Stat. §66.0419 prohibits political subdivisions, including Madison, from regulating the use, disposition, or sale of auxiliary containers — defined to include plastic bags, paper bags, and reusable bags. The 2016 Republican-led legislature passed Act 302 specifically to head off Madison and Milwaukee bag-ban proposals. Madison can run voluntary bag-reduction education through its Streets Division and Sustainability office, and retailers can opt into bag fees, but the city cannot mandate them. Madison participates in regional reusable-bag campaigns and offers retailer recognition programs, but enforcement-based bag policy is statutorily off the table absent legislative repeal.
There are no Madison bag-ban violations because no ban exists; any local ordinance attempting one would be void under Wis. Stat. §66.0419 and subject to challenge by the Wisconsin Manufacturers & Commerce trade group.
See how Madison's plastic bag rules rules stack up against other locations.
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