Mississippi Statewide Rule
Mississippi Plastic Bag Local Preemption Law
Key Facts
- Enacted
- SB 2570 in 2018
- Codified at
- Miss. Code §§ 17-1-71 to 17-1-75
- Covers
- Bags, cups, bottles, packaging
- Bans
- Local fees, taxes, prohibitions
- Applies to
- Cities and counties statewide
Summary
Mississippi's 2018 auxiliary-container preemption law, Miss. Code Sections 17-1-71 through 17-1-75, bars cities and counties from regulating, banning, taxing, or charging fees on auxiliary containers including plastic bags, cups, and packaging.
Subject to Section 17-1-75, 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, or additional sales tax to consumers.
Full Breakdown
Enacted by SB 2570 in 2018 and codified at Miss. Code Sections 17-1-71 through 17-1-75, Mississippi prohibits local governments from adopting or enforcing any ordinance that regulates the use, sale, prohibition, restriction, taxation, or fee on auxiliary containers. Section 17-1-71 defines auxiliary containers expansively to include reusable and single-use bags, cups, bottles, packages, and food or beverage containers made of plastic, paper, glass, aluminum, cardboard, or similar materials; Section 17-1-73 is the operative prohibition. The law ensures uniform statewide treatment, so municipal bag bans, fees, and container mandates are unenforceable.
Violations & Penalties
Local ordinances regulating auxiliary containers are void; affected parties may seek declaratory relief invalidating conflicting municipal rules.
Frequently Asked Questions
Can Mississippi cities ban single-use plastic bags?
Does the Mississippi preemption law cover paper bags?
Sources
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