Indiana Code 36-1-3-8.6 (2016) preempts local governments from banning, taxing, or regulating auxiliary containers, including plastic and paper bags. City or county single-use bag bans and fees are void statewide.
Indiana Code 36-1-3-8.6, enacted by HB 1053 in 2016, prohibits a unit (city, town, or county) from adopting or enforcing any ordinance that imposes a ban, restriction, fee, or tax on auxiliary containers, including bags, boxes, cups, bottles, and similar single-use items made of plastic, paper, or polystyrene. The law preempts local plastic-bag bans and fees so retailers face uniform statewide rules. Local curbside recycling programs and rules at unit-owned events are excepted. State-level solid waste and litter laws under IC 13-20 still apply.
Local ordinances regulating auxiliary containers are void and unenforceable; aggrieved retailers can challenge them in court as preempted under IC 36-1-3-8.6.
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