Kansas Statewide Rule

Kansas Plastic Bag Local Preemption Statute

Some RestrictionsApplies statewide across Kansas (2026)

Kansas prohibits cities and counties from banning, taxing, or regulating single-use plastic bags and other auxiliary containers used by businesses.

Full Breakdown

K.S.A. 12-16,135 expressly preempts local regulation of auxiliary containers, including plastic and paper bags, cups, bottles, and other packaging used to transport food, merchandise, or beverages. The statute prohibits any Kansas city, county, or township from adopting an ordinance that bans, restricts, taxes, or imposes fees on these containers. The law was enacted to ensure statewide uniformity for retailers and food service businesses. Existing voluntary recycling programs and litter reduction efforts are unaffected.

Violations & Penalties

Local ordinances regulating single-use bags or containers in violation of K.S.A. 12-16,135 are void and unenforceable.

Frequently Asked Questions

Can Kansas cities charge a plastic bag fee?

No, K.S.A. 12-16,135 prohibits any local fee or tax on plastic bags and other auxiliary containers.

Does the preemption affect paper bags too?

Yes, the law applies broadly to bags, cups, bottles, and other containers used to transport goods.

Sources

Source

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