Consumer Bag Legislation by State & Local Jurisdiction

This matrix provides an overview of consumer bag legislation enacted at the state and local levels across the United States for paper and plastic carryout bags. It summarizes jurisdictions with bag bans, bag fees, material specifications, and states with preemption or “ban-on-bag bans” that restrict local regulation.

This overview includes enacted laws only and does not cover proposed legislation or ordinances.

Because consumer bag regulations vary widely by jurisdiction—and often include nuanced exemptions, fee structures, and enforcement requirements—retailers should consult the underlying statutes or seek legal guidance when evaluating compliance obligations.

Important Regulatory Notes

California

State regulations grandfathered counties, cities, and municipalities that enacted local bag laws prior to September 1, 2014. County-wide ordinances apply to all municipalities within the county. To avoid redundancy, individual cities in Alameda, Napa, San Mateo, and Sonoma Counties are not listed separately.

State Preemption and “Ban-on-Bag Bans”

Rhode Island, New Jersey, Florida, North Carolina, Texas, Vermont, and Maine expressly preempt local bag regulations either through statewide bag legislation or through laws that prohibit local bag restrictions. As a result, local ordinances in these states are not listed.

Washington State

Local jurisdictions may retain ten-cent carryout bag fees enacted prior to April 1, 2020.
Beginning January 1, 2026, all retailers must charge:

• 12 cents for reusable carryout bags
• 8 cents for recyclable paper bags

This matrix is intended for informational purposes only. Due to the summary nature of the table, it may not reflect all statutory nuances, exemptions, local requirements, or agency interpretations. Users should consult the applicable regulations directly and/or seek legal or regulatory advice when determining specific compliance obligations.