Arkansas Code § 14-1-104, enacted by Act 751 of 2021, preempts cities and counties from regulating 'auxiliary containers' including plastic bags. Local taxes, fees, and bans on carryout bags are prohibited statewide.
Act 751 of 2021, codified at Arkansas Code § 14-1-104, reserves regulation of auxiliary containers to the state. The term covers plastic and paper carryout bags, cups, bottles, foam containers, and similar packaging. A municipality or county may not restrict, tax, prohibit, or otherwise regulate their use, disposition, or sale, and cannot mandate alternatives. Local governments may still operate recycling, composting, and solid-waste programs, enforce litter ordinances, and regulate containers on government property. Voluntary retailer recycling and reusable-bag offerings remain permitted.
Local ordinances regulating auxiliary containers are void; aggrieved retailers may seek declaratory and injunctive relief against the political subdivision.
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See how Washington County's plastic bag rules rules stack up against other locations.
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