Missouri Plastic Bag Local Preemption Statute

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.

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.