Tennessee preempts local plastic bag bans, fees, and taxes under TCA 68-211-1101. Memphis cannot adopt a single-use plastic bag ordinance or charge a per-bag fee. Voluntary retailer programs and recycling are unaffected.
Tennessee's Retail Accountability Act preemption (TCA 68-211-1101, enacted 2019) prohibits any city or county from adopting, enforcing, or administering any ordinance regulating the use, disposition, sale, or imposition of fees on auxiliary containers, including plastic bags, paper bags, foam containers, and similar items. The law was a direct response to local bag-fee proposals in Memphis, Nashville, and other Tennessee cities. As a result, Memphis cannot impose a per-bag tax, ban polystyrene, or require reusable bags at retailers. Voluntary retailer take-back programs and at-store plastic bag recycling continue to operate, and individual stores may charge for bags as a private business decision.
Because Memphis cannot regulate plastic bags, there are no local penalties for using or distributing them. Any local ordinance attempting a ban would be unenforceable and challenged under TCA 68-211-1101 preemption.
Memphis, TN
Tennessee preempts local bans on polystyrene foam containers and other auxiliary containers under TCA 68-211-1101. Memphis cannot prohibit Styrofoam takeout ...
Memphis, TN
Memphis provides curbside recycling collection through a separate blue recycling cart. Recycling is single-stream, meaning all accepted recyclables go in one...
See how Memphis's plastic bag rules rules stack up against other locations.
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