Indiana Statewide Rule
Indiana Plastic Bag and Container Preemption Law
Key Facts
- Preemption statute
- IC 36-1-3-8.6
- Enacted
- 2016 (HB 1053)
- Items covered
- Bags, cups, bottles, polystyrene
- Restrictions
- Bans local fees, taxes, bans
- Scope
- Retailer-targeted local rules void
Summary
Indiana Code 36-1-3-8.6 (2016) preempts local governments from banning, taxing, or regulating auxiliary containers, including plastic and paper bags. City or county single-use bag bans and fees are void statewide.
Sec. 8.6. (a) As used in this section, "auxiliary container" means a bag, box, cup, bottle, or similar container that is: (1) reusable or disposable; (2) made of: (A) cloth; (B) paper; (C) plastic; (D) extruded polystyrene; or (E) a similar material; and (3) designed for: (A) one time use; or (B) transporting merchandise or food from food or retail facilities. (b) Except as provided in subsections (c) and (d), a unit may not: (1) regulate, or adopt or enforce an ordinance or resolution to regulate: (A) the: (i) manufacture; (ii) distribution; (iii) sale; (iv) provision; (v) use; or (vi) disposition or disposal; of auxiliary containers; or (B) a: (i) manufacturer of auxiliary containers; (ii) distributor of auxiliary containers; or (iii) food or retail facility that sells, provides, or otherwise makes use of auxiliary containers; in connection with the manufacture, distribution, sale, provision, use, or disposition or disposal of auxiliary containers; or
Full Breakdown
Indiana Code 36-1-3-8.6, enacted by HB 1053 in 2016, prohibits a unit (city, town, or county) from adopting or enforcing any ordinance that imposes a ban, restriction, fee, or tax on auxiliary containers, including bags, boxes, cups, bottles, and similar single-use items made of plastic, paper, or polystyrene. The law preempts local plastic-bag bans and fees so retailers face uniform statewide rules. Local curbside recycling programs and rules at unit-owned events are excepted. State-level solid waste and litter laws under IC 13-20 still apply.
Violations & Penalties
Local ordinances regulating auxiliary containers are void and unenforceable; aggrieved retailers can challenge them in court as preempted under IC 36-1-3-8.6.
Frequently Asked Questions
Can Indiana cities ban plastic bags?
Does the preemption cover paper bags and foam containers too?
Sources
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