Arkansas Statewide Rule
Arkansas Plastic Bag Local Regulation Preemption
Key Facts
- Statute
- Ark. Code § 14-1-104
- Enacted
- Act 751 of 2021
- Covers
- Bags, cups, bottles, foam
- Local fees and bans
- Prohibited statewide
Summary
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.
(a) As used in this section, "auxiliary container" means a bag, cup, package, container, bottle, device, or other packaging that is without limitation: (1) Made of cloth, paper, plastic, foamed plastic, expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar coated or laminated material; and (2) Designed for the consumption, transportation, or protection of merchandise, food, or beverages at a food service facility, manufacturing facility, distribution facility, processing facility, or retail facility. (b) Except as provided under subsection (c) of this section, a municipality or county shall not restrict, tax, prohibit, or otherwise regulate the use, disposition, or sale of auxiliary containers.
Full Breakdown
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.
Violations & Penalties
Local ordinances regulating auxiliary containers are void; aggrieved retailers may seek declaratory and injunctive relief against the political subdivision.
Frequently Asked Questions
Can a city ban plastic bags in Arkansas?
Can stores still offer reusable bags?
Sources
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