Utah Code 11-39-110 preempts local governments from regulating auxiliary containers including plastic bags, foam containers, and similar packaging items.
Section 11-39-110 prohibits Utah counties and municipalities from adopting or enforcing ordinances that ban, charge fees for, or otherwise regulate auxiliary containers based on their composition, including plastic carryout bags. The statute defines auxiliary containers broadly to include bags, cups, bottles, and food packaging. Local recycling and waste reduction policies remain permissible if not directed at container materials. The preemption protects retailers and manufacturers from a patchwork of local rules. Existing local bag ordinances enacted prior to preemption have been voided to align with the state framework.
Local ordinances conflicting with the auxiliary container preemption are void and unenforceable, exposing political subdivisions to declaratory judgment actions.
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See how Provo's plastic bag rules rules stack up against other locations.
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