Arizona Statewide Rule
Arizona Plastic Bag Ban Preemption Statute
Key Facts
- Year Adopted
- Preemption statute passed 2015
- Covered Items
- Bags, cups, bottles, auxiliary containers
- Local Taxes
- Prohibited on containers
- Recycling
- Programs still permitted
Summary
Arizona prohibits cities, towns, and counties from regulating or banning auxiliary containers like plastic bags, cups, and bottles under ARS 9-500.38.
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.
Full Breakdown
ARS 9-500.38 and ARS 11-269.16 prevent municipalities and counties from imposing taxes, fees, or outright bans on auxiliary containers, which include plastic bags, polystyrene foam containers, cups, bottles, and similar packaging. The 2015 law was enacted in response to local plastic bag fees and bans in cities like Bisbee and Tempe. Local recycling programs are still allowed, but mandatory bag charges or bans on retailer distribution of plastic bags are void.
Violations & Penalties
Cities passing void ordinances risk loss of state shared revenue and litigation by the state or affected businesses.
Frequently Asked Questions
Can any Arizona city ban plastic bags?
Are voluntary retailer programs allowed?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.