Oklahoma Statewide Rule
Oklahoma Plastic Bag Preemption Bars Local Bans
Key Facts
- Statewide Preemption
- Statewide preemption of plastic bag rules
- Adopted In
- 2019 SB 1001; 27A O.S. § 2-11-504
- Applies To
- Bags, cups, bottles, and foam containers
- Cities May
- Run voluntary recycling programs
- Local Fees
- Bans on containers are unenforceable
Summary
Oklahoma prohibits municipalities from regulating, taxing, or banning auxiliary containers including plastic bags, foam, and similar items, reserving authority to the state legislature.
A. As used in this section, "auxiliary container" means any bag, cup, package, container, bottle, device or other packaging that is: 1. Made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material or similar material including, but not limited to, coated or laminated materials; and 2. Designed for, but not limited to, consuming, transporting, or protecting merchandise, food or beverages from, or at, a food service facility, manufacturing, distribution, further processing, or retail facility. B. Except for subsection D of this section, no political subdivision shall restrict, tax, prohibit or regulate the use, disposition or sale of auxiliary containers.
Full Breakdown
Under 27A O.S. Section 2-11-504, no political subdivision in Oklahoma may impose a ban, fee, tax, or surcharge on auxiliary containers such as plastic bags, paper bags, boxes, cups, bottles, or polystyrene containers. Enacted in 2019 as SB 1001, the statute preempts municipal ordinances, like the plastic-bag fee Norman had considered, that sought to discourage single-use plastics. Cities retain authority over solid-waste collection generally and may adopt a dedicated solid-waste mitigation fee, but cannot ban or single out specific containers. Voluntary recycling and education programs remain permissible.
Violations & Penalties
A municipal ordinance taxing, banning, or otherwise restricting auxiliary containers is preempted and unenforceable under state law.
Frequently Asked Questions
Can an Oklahoma city charge a plastic bag fee?
Are voluntary store programs still allowed?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.