Pennsylvania Plastic Bag Preemption Ended in 2024

From 2020 through mid-2024 Pennsylvania imposed a statutory moratorium that preempted municipalities from enacting bans, fees, or restrictions on single-use plastic carryout bags and similar items. Act 87 of 2024 allowed that preemption to expire and clarified that local governments may again regulate single-use plastics. As a result, Philadelphia's longstanding plastic bag ban (which had been operating despite the moratorium under city home-rule authority) and ordinances in Pittsburgh, West Chester, and Narberth are now on firmer legal footing, and other municipalities are free to adopt bag fees, bans, or reusable-bag requirements. The state has not adopted a statewide ban or fee.

Retailers in covered municipalities can be cited by local code enforcement for distributing prohibited bags; statewide there is no penalty.