Phoenix cannot enforce a plastic bag ban or fee. A.R.S. § 9-500.38 declares 'the regulation of the sale, use and disposition of auxiliary containers' a matter of statewide concern and bars cities from imposing taxes, fees, or regulations on these items. Phoenix participates in the voluntary Bag Central Station retailer take-back program.
A.R.S. § 9-500.38 was enacted in 2015 (S.B. 1241) after Tempe, Bisbee, and Flagstaff began considering bag ordinances. The statute provides that 'the regulation of the sale, use and disposition of auxiliary containers is a matter of statewide concern' and 'is not subject to further regulation by a city or town.' 'Auxiliary container' is defined to include bags, boxes, cups, bottles, and similar packaging — disposable or reusable — made of cloth, paper, plastic, expanded polystyrene, cardboard, aluminum, or glass. Bisbee's 2014 plastic-bag ordinance was preempted on enactment of § 9-500.38; the city eventually repealed it after the Arizona Attorney General threatened action under SB 1487 (which withholds state shared revenue from cities defying state law). Phoenix has never enacted a bag ordinance and instead participates in Bag Central Station, the Arizona Food Marketing Alliance program operating since 2007 that places plastic-film drop-off bins at major grocers (Fry's, Safeway, Albertsons, Walmart). Phoenix's Office of Sustainability targets zero waste by 2050 through the Phoenix Reimagine Phoenix Initiative, the Zero Waste Plan, and the City's Climate Action Plan — all voluntary.
No bag-specific city violations exist. Phoenix can enforce general litter under Phoenix City Code § 23-31 and Arizona's general illegal-dumping statute (A.R.S. § 13-1603) but cannot fine bag distribution. Under A.R.S. § 41-194.01 (SB 1487), if Phoenix were to enact a bag ordinance, any state legislator could request the Attorney General to investigate, and the AG could withhold up to 100% of state shared revenue.
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