Minnesota Statewide Rule
Minnesota Plastic Bag Rules and Repealed Preemption
Key Facts
- Preemption Repeal
- 2023 repealed statewide
- Local Authority
- May ban or charge fees
- Minneapolis
- Local fee enforced
- Rules Vary
- By jurisdiction and type
Summary
Minnesota previously preempted local plastic bag bans under Minn. Stat. 325E.045, but the legislature repealed that preemption in 2023, allowing cities like Minneapolis to enforce bag fees and bans.
Subd. 2.Prohibition; bag ban. Notwithstanding any other provision of law, no political subdivision shall impose any ban upon the use of paper, plastic, or reusable bags for packaging of any item or good purchased from a merchant, itinerant vendor, or peddler.
Full Breakdown
Minn. Stat. 325E.045 originally barred local governments from prohibiting or imposing fees on auxiliary containers including plastic bags. The legislature repealed the preemption effective 2023, restoring local authority. Minneapolis reinstated its bag fee, and other cities can now adopt bans, fees, or recycled-content mandates. Retailers must track local rules in each jurisdiction where they operate, since requirements vary on bag thickness, fee amounts, and exemptions for produce or pharmacy bags.
Violations & Penalties
Noncompliance with local bag ordinances may result in administrative fines, citations, and license issues under municipal codes.
Frequently Asked Questions
Are plastic bag bans allowed in Minnesota?
Does Minneapolis charge a plastic bag fee?
Sources
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