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Tucson, AZ Single-Use Items: Plastic Bag Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Local Ordinance
None. Arizona preempts
Preemption Statute
A.R.S. § 9-500.38 (2015)
Year Considered
Tucson considered ban 2014; preempted 2015
Enforcement Tool
A.R.S. § 41-194.01 (SB 1487)
Voluntary Program
Bag Central Station + Tucson Recycles education

Summary

Tucson cannot enforce a plastic bag ban or fee. A.R.S. § 9-500.38 declares regulation of auxiliary containers a matter of statewide concern and prohibits city or town rules on bags, cups, bottles, or similar packaging. Tucson's Environmental & General Services Department promotes voluntary reusable-bag programs and Bag Central Station drop-offs.

9-500.38. Prohibition on regulation of auxiliary containers; state preemption; definition. A. A city or town may not: 1. Impose a tax, fee, assessment, charge or return deposit on a consumer or an owner, operator or tenant of a business, commercial building or multifamily housing property for auxiliary containers. 2. Regulate the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property. B. The regulation of the sale, use and disposition of auxiliary containers is a matter of statewide concern. The regulation of the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section is not subject to further regulation by a city or town. C. This section does not prevent a city or town from continuing a voluntary recycling and waste reduction program as authorized by section 9-500.07 or ensuring that discarded auxiliary containers defined as solid waste pursuant to section 49-701.01 are disposed of properly. D. For the purposes of this section, "auxiliary container" includes reusable bags, disposable bags, boxes, beverage cans, bottles, cups and containers that are made out of cloth, plastic, extruded polystyrene, glass, aluminum, cardboard or other similar materials and that are used for transporting merchandise or food to or from a business or multifamily housing property.

Source: A.R.S. § 9-500.38View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

A.R.S. § 9-500.38, enacted in 2015 (S.B. 1241), bars Arizona cities and towns from regulating 'auxiliary containers': broadly defined to cover bags, boxes, cups, bottles, cans, and similar packaging in all common materials. The Tucson City Council discussed a bag ordinance in 2014 but did not adopt one; the 2015 preemption foreclosed the option. Bisbee, Cottonwood, and Flagstaff likewise dropped or repealed bag measures. The Arizona Attorney General can enforce preemption under A.R.S. § 41-194.01 (SB 1487) by withholding state shared revenue from non-compliant cities. Tucson's Environmental & General Services Department now operates the Tucson Recycles curbside blue-bin program (which excludes plastic bags), the Plant a Tree program, and partners with Bag Central Station at Tucson-area Fry's, Safeway, Albertsons, and Walmart for plastic-film recycling. The Pima County Sustainable Action Plan also emphasizes voluntary diversion under § 9-500.38 limits.

Violations & Fines

No bag-specific city violations exist. Tucson enforces general litter under Tucson City Code Chapter 16 (Public Health and Safety) and A.R.S. § 13-1603 (illegal dumping), neither of which targets bag use. Any future Tucson bag ordinance would be void under § 9-500.38 and could trigger SB 1487 shared-revenue withholding.

Frequently Asked Questions

Does Tucson have a plastic bag ban?
No. Tucson has no plastic bag ban or fee. A.R.S. § 9-500.38, enacted in 2015, preempts every Arizona city from regulating auxiliary containers, and SB 1487 gives the Attorney General power to enforce preemption via state-shared-revenue withholding.
Why did Tucson abandon its 2014 bag proposal?
The city council discussed an ordinance but did not adopt one before the 2015 legislature enacted § 9-500.38. Once the preemption was in place, any local ordinance would have been void on its face.
Where can I recycle plastic bags in Tucson?
At any Bag Central Station drop-off bin at Tucson-area Fry's, Safeway, Albertsons, and Walmart. Bags do NOT belong in your blue curbside cart: they tangle the MRF equipment. Tucson Recycles materials accepted in the blue cart do not include any plastic film.

Sources & Official References

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