Mississippi Plastic Bag Local Preemption Law

Enacted in 2018, Miss. Code Section 17-2-3 broadly prohibits Mississippi local governments from adopting or enforcing any ordinance that regulates the use, disposition, sale, prohibition, restriction, taxation, or fee on auxiliary containers. The statute defines auxiliary containers expansively to include reusable and single-use bags, cups, bottles, packages, food and beverage containers made of plastic, paper, glass, aluminum, or similar materials. The law was passed in response to growing local interest in plastic bag bans and fees, ensuring uniform statewide treatment. Existing or proposed municipal bag bans, fees, and recycling mandates targeting auxiliary containers are unenforceable under the statute.

Local ordinances regulating auxiliary containers are void; affected parties may seek declaratory relief invalidating conflicting municipal rules.