Kentucky Plastic Bag Local Preemption Law

KRS 65.057, enacted in 2022, prohibits any local government, including cities, counties, urban-county, charter county, consolidated local, and unified local governments, from regulating the use, disposition, sale, prohibition, restriction, taxation, or imposition of any fee or surcharge on auxiliary containers. Auxiliary containers include plastic, paper, cardboard, glass, aluminum, and reusable bags, cups, bottles, and similar items used to transport merchandise or food. The statute centralizes regulation at the state level and voids any conflicting local ordinances.

Local ordinances regulating auxiliary containers are unenforceable and void; affected businesses may seek declaratory or injunctive relief in court.