Missouri Plastic Bag Local Preemption Statute

RSMo 260.283 preempts local regulation of auxiliary containers, including plastic bags, paper bags, reusable bags, boxes, cups, bottles, and other packaging used to transport merchandise or food. Cities and counties cannot adopt ordinances banning these items, imposing fees on their use or distribution, or requiring retailers to charge for them. The law was passed in 2015 in response to bag-ban proposals in Columbia and other Missouri cities. Existing local ordinances that conflict with RSMo 260.283 became unenforceable upon the statute's effective date. The preemption is broad and applies regardless of charter status, leaving statewide solid waste and litter policy to the General Assembly and the Department of Natural Resources.

Local bag bans or fees are unenforceable and unconstitutional under state law. Affected retailers and consumers may seek declaratory and injunctive relief to invalidate any conflicting local ordinance.