Montana Statewide Rule
Montana Auxiliary Container Preemption Law
Key Facts
- Codified at
- MCA 7-1-121
- Enacted
- 2021 (HB 407)
- Covers
- Bags, cups, bottles, boxes, cans
- Preempts
- Local bans and fees
- Conflicting ordinances
- Unenforceable
Summary
Montana enacted MCA 7-1-121 in 2021 (HB 407), preempting local governments from regulating, banning, or imposing fees on plastic bags and other auxiliary containers.
(1) The purpose of this section is to preempt any local ordinance, resolution, initiative, or referendum regulating the use, disposition, sale, prohibitions, fees, charges, or taxes on certain containers. (2) Except as provided in subsection (3), a local unit of government may not adopt or enforce any local ordinance, resolution, initiative, or referendum that: (a) regulates the use, disposition, or sale of auxiliary containers; (b) prohibits or restricts auxiliary containers; or (c) imposes a fee, charge, or tax on auxiliary containers.
Full Breakdown
MCA 7-1-121 prohibits counties, cities, towns, and consolidated local governments from adopting ordinances that regulate the use, sale, or disposition of auxiliary containers, including plastic bags, paper bags, boxes, cups, bottles, cans, and similar packaging of any material. Enacted by HB 407 in the 2021 session for statewide uniformity, the law preempts local bag bans and container fees and protects retailers from a patchwork of local rules. Any conflicting local ordinance is void.
Violations & Penalties
Local ordinances that regulate or tax auxiliary containers are void under MCA 7-1-121; aggrieved parties may seek declaratory or injunctive relief.
Frequently Asked Questions
Can a Montana city ban plastic bags?
Does the law cover paper bags too?
Sources
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