Sioux Falls cannot ban or tax single-use plastic bags because South Dakota state law SDCL §11-10A-1 preempts all local regulation of auxiliary containers as of 2019.
In 2019 the South Dakota Legislature passed and the governor signed SB 54, codified at SDCL §11-10A-1, which prohibits any municipality or county from adopting an ordinance that bans, regulates, or taxes auxiliary containers including plastic bags, paper bags, and food containers. As a result, Sioux Falls retailers continue to distribute single-use plastic bags freely, and city government cannot enact a fee or ban even if local advocates support one. Voluntary retailer programs and reusable bag promotions remain unaffected by the preemption.
There are no city violations to cite because Sioux Falls is preempted from regulating bags. Any local ordinance attempting a ban would be void on adoption.
Sioux Falls, SD
Sioux Falls cannot restrict polystyrene foam containers because South Dakota state law SDCL §11-10A-1 preempts local regulation of auxiliary food and beverag...
Sioux Falls, SD
Sioux Falls cannot mandate paper straws or restrict plastic straws because South Dakota state law SDCL §11-10A-1 preempts local regulation of single-use food...
See how Sioux Falls'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 If you notice an error or outdated information, let us know.