Michigan Statewide Rule
Michigan Plastic Bag Ban Preemption Law
Key Facts
- Preemption
- PA 389 of 2016 preempts local bag rules
- Statute
- MCL 445.572b is the operative statute
- Covers bags, cups,
- Covers bags, cups, bottles, and similar containers
- Preemption
- Ann Arbor's 10-cent fee was preempted
- Preemption
- Court of Appeals upheld preemption in 2018
Summary
Michigan PA 389 of 2016 (MCL 445.572b) prohibits local governments from banning, taxing, or regulating plastic bags and other auxiliary containers.
Sec. 2. Subject to section 3, a local unit of government shall not adopt or enforce an ordinance that does any of the following: (a) Regulates the use, disposition, or sale of auxiliary containers. (b) Prohibits or restricts auxiliary containers. (c) Imposes a fee, charge, or tax on auxiliary containers.
Full Breakdown
Michigan Public Act 389 of 2016 added MCL 445.572b, which preempts local governments from adopting or enforcing ordinances that regulate the use, disposition, or sale of, prohibit or restrict, or impose any fee, charge, or tax on auxiliary containers. Auxiliary containers include plastic bags, paper bags, cups, bottles, and similar packaging. The law prevents Michigan cities and counties from following Ann Arbor's earlier 10-cent bag fee model. The Michigan Court of Appeals upheld preemption in Washtenaw County v. Michigan in 2018.
Violations & Penalties
Local plastic bag ordinances are unenforceable as preempted by state law; no individual penalties apply.
Frequently Asked Questions
Can Michigan cities ban plastic bags?
Does the law cover paper bags too?
Sources
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