Toledo cannot adopt a plastic carryout bag ban or fee because Ohio Revised Code 3737.83, enacted in 2019, preempts local auxiliary container regulation, leaving voluntary retailer programs as the only path.
Ohio Revised Code 3737.83, enacted in HB 242 (2020 effective), explicitly preempts municipal regulation of auxiliary containers including plastic, paper, and reusable bags, polystyrene foam, cups, and packaging. Cuyahoga County had imposed a fee that this state law nullified. Toledo therefore cannot mandate, tax, or fee plastic carryout bags. Lucas County similarly cannot regulate. Voluntary retailer initiatives (Kroger's phase-out commitment, reusable-bag promotions) remain legal. Some Toledo grocers offer in-store film recycling under producer programs. Advocates have pushed for state law repeal, but as of 2026 the preemption stands.
If Toledo were to enact a bag ordinance, it would be subject to legal challenge and invalidation under ORC 3737.83; no consumer or retailer enforcement exists locally.
Toledo, OH
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See how Toledo's plastic bag rules rules stack up against other locations.
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