Idaho Statewide Rule

Idaho Plastic Bag Preemption Bars Local Bans

Few RestrictionsApplies statewide across Idaho (2026)

Key Facts

Statute: Idaho Code 67-2340
Year Enacted: 2016 (House Bill 372)
Local Bag Bans: Prohibited
Local Bag Fees: Prohibited
Scope: All auxiliary containers

Last verified: September 5, 2026Source: Idaho Legislature

Summary

Idaho Code 67-2340, enacted in 2016, prohibits cities and counties from regulating, banning, or imposing fees on auxiliary containers, including plastic bags, polystyrene, and other single-use food packaging statewide.

67-2340. regulation of auxiliary containers. (1) As used in this section, "auxiliary container" means reusable bags, disposable bags, boxes, cups and bottles which are made of cloth, paper, plastic, extruded polystyrene or similar materials that are designed for one-time use or for transporting merchandise or food from food and retail facilities. (2) Any regulation regarding the use, disposition or sale or any imposition of any prohibition, restriction, fee imposition or taxation of auxiliary containers at the retail, manufacturer or distributor setting shall be imposed only by statute enacted by the legislature.

Source: Idaho LegislatureView official code

Full Breakdown

Idaho Code 67-2340, the auxiliary container preemption law, provides that any regulation, prohibition, restriction, fee, or tax on auxiliary containers may be imposed only by statute enacted by the legislature. Auxiliary containers include reusable and disposable bags, boxes, cups, and bottles made of cloth, paper, plastic, extruded polystyrene, or similar materials. Adopted in 2016 as House Bill 372 in response to local plastic-bag proposals, the statute voids any conflicting local ordinance. Boise, Moscow, McCall, and other cities cannot ban plastic bags or impose checkout fees. The law exempts municipal curbside recycling programs.

Violations & Penalties

Local container bans or fees are void and unenforceable. Retailers and affected parties may seek declaratory and injunctive relief in district court.

Frequently Asked Questions

Can Idaho cities ban plastic bags or charge bag fees?

No. Idaho Code 67-2340 reserves regulation of auxiliary containers, including plastic bags, to the legislature. Cities cannot ban single-use bags or impose checkout fees regardless of local preferences.

What containers does the preemption cover?

Reusable and disposable bags, boxes, cups, and bottles made of cloth, paper, plastic, extruded polystyrene, or similar materials designed for one-time or limited use.

Why was the preemption law passed?

The 2016 statute (House Bill 372) responded to proposals by Idaho cities considering local plastic-bag fees or bans. The legislature set a uniform statewide standard for retailers and consumers.

Sources

Idaho Code 67-7401

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