Arkansas Plastic Bag Local Regulation Preemption

Act 879 of 2021, codified at Arkansas Code 8-9-110, reserves to the state the regulation of auxiliary containers, including plastic carryout bags, paper bags, polystyrene foam containers, cups, bottles, and similar items. Cities and counties cannot impose taxes, fees, charges, or outright bans on these containers, and cannot mandate alternatives. The law was enacted in response to bag bans and fees adopted in other states. Existing local ordinances are unenforceable. Voluntary retailer recycling programs and reusable bag offerings remain permitted.

Local ordinances regulating auxiliary containers are void; aggrieved retailers and businesses may seek declaratory and injunctive relief against political subdivisions.