Milwaukee cannot ban or tax single-use plastic carryout bags. Wisconsin Act 302 (2016), codified at Wis. Stat. §100.355, preempts all local bag bans, fees, and stocking mandates statewide.
Wisconsin Act 302 (2016), codified at Wis. Stat. §100.355, expressly prohibits any city, village, town, or county from regulating the use, disposition, sale, or imposition of fees on auxiliary containers including plastic carryout bags, paper bags, polystyrene, and similar items. The statute was a direct legislative response to local bag-ban interest in Milwaukee, Madison, and other cities. As a result, Milwaukee retailers face no city bag fee or ban, and any future local ordinance would be void on its face. The city has pursued voluntary reduction programs through the Office of Environmental Sustainability and partner retailers, but cannot impose a mandatory fee or ban without state legislative repeal.
There are no local violations because no local rule exists. Any city attempt to enforce a bag ban would be invalid under Wis. Stat. §100.355 and reversible in court.
Milwaukee, WI
Milwaukee cannot ban polystyrene foam takeout containers. Wisconsin Act 21 (2018) and the auxiliary-container preemption in Wis. Stat. §100.355 block local f...
Milwaukee, WI
Milwaukee cannot ban or restrict plastic straws because Wis. Stat. §100.355 preempts all local auxiliary-container regulation. Federal ADA accommodations app...
See how Milwaukee's plastic bag rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.