Iowa Statewide Rule
Iowa Plastic Bag and Container Preemption Law
Key Facts
- Preemption statute
- Iowa Code 364.3(3)(c); 331.301(6)
- Enacted
- House File 295 (2017)
- Local bag fees/bans
- Void and unenforceable
- Covered materials
- Plastic, paper, glass, aluminum, fiber
- Voluntary store programs
- Still allowed
Summary
Iowa Code 364.3(3)(c) (cities) and 331.301(6) (counties) preempt local governments from regulating consumer merchandise containers, including plastic bags, foam containers, cups, and packaging.
c. (1) A city shall not adopt an ordinance, motion, resolution, or amendment that sets standards or requirements regarding the sale or marketing of consumer merchandise that are different from, or in addition to, any state law. For purposes of this paragraph: (a) "Consumer merchandise" means merchandise offered for sale or lease, or provided with a sale or lease, primarily but not exclusively for personal, family, or household purposes, and includes any container used for consuming, carrying, or transporting such merchandise. (b) "Container" means a bag, cup, package, container, bottle, or other packaging that is all of the following: (i) Designed to be either reusable or single-use. (ii) Made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, or postconsumer recycled or similar material or substrates, including coated, laminated, or multilayer substrates. (iii) Designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service or retail facility.
Full Breakdown
Iowa's consumer-merchandise preemption, enacted in 2017 by House File 295, prohibits cities (Iowa Code 364.3(3)(c)) and counties (Iowa Code 331.301(6)) from setting standards on the sale or marketing of consumer merchandise different from or in addition to state law. Covered containers include reusable and single-use bags, cups, bottles, and packaging made of plastic, paper, glass, aluminum, or similar materials. The law voided plans by Iowa City and others to adopt plastic bag fees or bans. Retailers may still use any container type voluntarily.
Violations & Penalties
Local ordinances regulating consumer merchandise containers are void and unenforceable; affected parties may seek a declaratory judgment.
Frequently Asked Questions
Can Iowa cities charge a fee for plastic bags?
Are voluntary store programs allowed?
Sources
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