Michigan Plastic Bag Ban Preemption Law

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.

Local plastic bag ordinances are unenforceable as preempted by state law; no individual penalties apply.