Louisiana law (LA RS 33:4881, enacted 2020) preempts local governments from banning, taxing, or regulating plastic bags, polystyrene, and similar containers. New Orleans cannot adopt a bag ban or fee under current state law.
In 2020, the Louisiana Legislature adopted LA RS 33:4881, which prohibits parishes and municipalities from regulating, banning, or imposing fees on auxiliary containers, including plastic bags, foam containers, cups, and bottles. The statute was enacted in part as a response to ban proposals in New Orleans, Lake Charles, and other cities. As a result, New Orleans cannot impose a local plastic-bag ban or charge, even though the City Council and Climate Action Plan have endorsed reductions. Voluntary retailer programs and reusable-bag campaigns remain the primary tools available locally.
Because the state preempts the issue, there are no local ban penalties to enforce. Cities passing such bans risk preemption challenges under LA RS 33:4881 and likely judicial invalidation.
New Orleans, LA
Louisiana's 2020 preemption law (LA RS 33:4881) blocks New Orleans from banning polystyrene foam takeout containers. Local restaurants are encouraged but not...
New Orleans, LA
New Orleans cannot ban or restrict plastic straws under LA RS 33:4881 (2020), which preempts local container regulation. Restaurants may voluntarily switch t...
See how New Orleans'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 If you notice an error or outdated information, let us know.