Idaho Plastic Bag Preemption Bars Local Bans

Idaho Code 67-7401, sometimes called the auxiliary container preemption law, declares that the regulation of auxiliary containers is a matter of statewide concern and prohibits political subdivisions from enacting any ordinance regulating the use, disposition, sale, prohibition, restriction, taxation, or fees on auxiliary containers. Auxiliary containers include bags, cups, packages, bottles, and other packaging made of cloth, plastic, paper, cardboard, aluminum, glass, or similar material designed for one-time or limited use. Adopted in 2016 in response to local plastic-bag fee proposals, the statute voids any conflicting local ordinance. Boise, Moscow, McCall, and other cities cannot ban plastic bags or impose checkout fees regardless of local environmental policy preferences.

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