Missouri Statewide Rule
Missouri Plastic Bag Local Preemption Statute
Key Facts
- Preemption statute
- RSMo 260.283 (bags only)
- Enacted
- 2015 (HB 722)
- Covered items
- Paper and plastic bags
- Not covered
- Straws, cups, foam containers
- Scope
- All cities and counties
Summary
Missouri RSMo 260.283 bars cities and counties from banning, taxing, or charging fees on paper or plastic bags, and prohibits them from banning customer use of reusable bags. The preemption applies only to bags, not to straws, cups, or foam containers.
2. Notwithstanding any other provision of law, no political subdivision shall impose any ban, fee, or tax upon the use of either paper or plastic bags for packaging of any item or good purchased from a merchant, itinerant vendor, or peddler. No political subdivision shall prohibit a consumer from using a reusable bag for the packaging of any item or good purchased from a merchant
Full Breakdown
RSMo 260.283, enacted in 2015 (HB 722), gives merchants the option to provide paper or plastic bags and prohibits any political subdivision from imposing a ban, fee, or tax on the use of paper or plastic bags or from barring customers from using reusable bags. The law responded to bag-ordinance proposals in Columbia and other cities. It is limited to bags: it does not define "auxiliary containers" and does not preempt local rules on plastic straws, utensils, cups, bottles, or polystyrene foam. Existing conflicting bag ordinances became unenforceable, and the preemption applies regardless of charter status.
Violations & Penalties
Local bag bans, fees, or taxes are preempted and unenforceable. Retailers and consumers may seek declaratory or injunctive relief to invalidate a conflicting local bag ordinance.
Frequently Asked Questions
Can Missouri cities ban plastic bags?
Does the bag law also cover straws and foam?
Sources
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