Arizona Plastic Bag Ban Preemption Statute

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.

Cities passing void ordinances risk loss of state shared revenue and litigation by the state or affected businesses.