KSA 65-3424h, enacted in 2017, preempts Kansas cities and counties from regulating containers used by retail customers. Wichita cannot ban or tax plastic carryout bags, polystyrene, or paper bags. Statewide preemption removes any local fee.
In 2017 the Kansas Legislature passed and the Governor signed KSA 65-3424h, expressly preempting any city, county, or local government from imposing a ban, fee, charge, or tax on the use, distribution, sale, or disposition of auxiliary containers, including plastic and paper bags, cups, bottles, and other packaging given to consumers at the point of sale. As a result, even though Wichita Sustainability has discussed waste-reduction goals, the city cannot enact a bag ban or per-bag fee like those in Boulder, Chicago, or Los Angeles. The preemption applies citywide and to Sedgwick County.
Local ordinances violating KSA 65-3424h would be challenged by retailers or the Attorney General and held invalid; no enforcement against retailers for offering plastic bags is permitted.
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See how Wichita's plastic bag rules rules stack up against other locations.
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