ARS section 9-500.38, the 2015 Cooler Heads Prevail Act, bars Maricopa County and Arizona cities from banning, taxing, or imposing fees on plastic carryout bags. Stores across the county may distribute single-use plastic bags freely.
Arizona House Bill 2131 of 2015 added ARS section 9-500.38, which prohibits any municipality or county from regulating the sale, use, or disposition of auxiliary containers, including plastic carryout bags, paper bags, cups, bottles, and other packaging. The legislature tied state-shared revenue to compliance, and the Attorney General can investigate complaints under SB-1487 and ARS section 41-194.01. Maricopa County Environmental Services therefore cannot adopt a bag fee or ban. Retailers in unincorporated Maricopa County and the 27 cities may freely offer plastic, paper, or reusable bags without charge. Grocery chains operate under voluntary recycling and take-back programs, and the county supports voluntary plastic-film drop-off through MCESD outreach.
There is no resident-facing bag violation in Maricopa County. A county that violates ARS section 9-500.38 risks losing state-shared revenue under ARS section 41-194.01 if the Attorney General finds a continuing violation.
See how Surprise's plastic bag rules rules stack up against other locations.
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