Tennessee preempts local plastic bag bans and fees under TCA 68-211-1101. Nashville cannot ban single-use plastic bags or impose a checkout-bag fee. Voluntary retailer programs and recycling drop-offs remain the only local option.
Tennessee enacted TCA 68-211-1101 in 2019 expressly preempting local governments from regulating auxiliary containers, including plastic carryout bags, polystyrene foam containers, and similar single-use items, by ban, fee, or mandatory charge. Metro Nashville cannot adopt the kind of bag bans seen in California or Hawaii cities. Metro Public Works runs voluntary plastic bag recycling drop-off bins at convenience centers, encourages reusable bags through Livable Nashville sustainability programs, and partners with retailers for take-back. The preemption does not stop businesses from voluntarily charging for bags or going bag-free.
Because state law preempts local regulation, Metro cannot fine retailers for offering plastic bags. Retailers ignoring private commitments face only contract or marketing exposure, not city penalties.
Nashville, TN
TCA 68-211-1101 also blocks Nashville from banning expanded polystyrene foam takeout containers or coolers. Metro can encourage alternatives through its sust...
Nashville, TN
Tennessee's auxiliary container preemption blocks Nashville from mandating straws-on-request or banning plastic straws. Restaurants may voluntarily switch to...
See how Nashville's plastic bag rules rules stack up against other locations.
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