Indiana Plastic Bag and Container Preemption Law

Indiana Code 13-30-9.5-3, enacted in 2018, prohibits political subdivisions from imposing a ban, fee, tax, surcharge, or any regulation on auxiliary containers including plastic bags, paper bags, polystyrene cups, bottles, and similar single-use items. The law preempts local plastic bag bans, fees, and recycling mandates that target retailers. State-level recycling and litter laws continue to apply, but cities such as Bloomington and Indianapolis cannot enforce their own bag bans or charges. The General Assembly cited the desire for statewide consistency for retailers in passing this preemption.

Local ordinances regulating auxiliary containers are unenforceable; aggrieved retailers can challenge such ordinances in court as preempted by state law.