Wisconsin Plastic Bag Local Ban Preemption

Section 66.0419 declares uniform statewide treatment of auxiliary containers and bars any political subdivision from enacting or enforcing an ordinance that regulates the use, disposition, sale, prohibition, restriction, fee, or labeling of auxiliary containers. Auxiliary containers include reusable and single-use bags, cups, bottles, packages, and other items designed for transporting merchandise or food. The legislature passed Act 17 in 2015 in response to a proposed local ban, and the statute has prevented Wisconsin municipalities from adopting bag bans, polystyrene bans, or container fees. Retailers therefore operate under uniform state rules and federal law.

Local ordinances violating 66.0419 are void and unenforceable. Affected retailers can sue to invalidate noncompliant ordinances and may seek injunctive relief and damages including attorney fees in some cases.