Tennessee Statewide Rule
Tennessee Plastic Bag Local Preemption Law
Key Facts
- Statute
- § 7-51-2002, enacted 2019
- Preemption
- Local bag bans and fees barred
- Covered items
- Bags, cups, bottles, packaging
- Recycling
- Fee-free programs allowed
- Effect
- Inconsistent local laws are void
Summary
Tennessee preempts local plastic bag bans and fees under T.C.A. § 7-51-2002 (enacted 2019), which makes the state the exclusive regulator of auxiliary containers such as bags.
(a) A local government shall not adopt or enforce a resolution, ordinance, policy, or regulation that: (1) Regulates the use, disposition, or sale of an auxiliary container; (2) Prohibits or restricts an auxiliary container; or (3) Enacts a fee, charge, or tax on an auxiliary container.
Full Breakdown
T.C.A. § 7-51-2001 to -2002, enacted in 2019, prohibits any county, city, or metropolitan government from regulating the use, sale, prohibition, restriction, or taxation of auxiliary containers. Auxiliary containers include plastic and paper bags, bottles, cups, and other packaging. The statute prevents Tennessee municipalities from adopting plastic bag bans or fees like those enacted in other states. Recycling programs that impose no fees or restrictions remain permissible. (The preemption is Title 7, Chapter 51, Part 20, not § 7-86-103, which governs 911 districts.)
Violations & Penalties
Local ordinances violating T.C.A. 7-86-103 are void and unenforceable, exposing municipalities to legal challenge by affected businesses or residents.
Frequently Asked Questions
Can a Tennessee city charge a plastic bag fee?
Are paper bags also covered by the preemption?
Sources
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