Index
Ohio Ban on Local Plastic Bag Bans
Summary
In a unique legislative move, the state of Ohio passed a law that forbids local cities and counties from banning plastic bags or charging a tax/fee on them.
Rights & Rules
- 01.Local city councils (like in Columbus, Cleveland, or Cincinnati) are legally prohibited from passing local ordinances that ban grocery stores or restaurants from using single-use plastic bags.
- 02.Cities are also prohibited from forcing businesses to charge customers a fee (like 10 cents) for using a plastic or paper bag.
- 03.The state legislature argued this law protects the 'uniformity of commerce' so that chain grocery stores don't have to deal with different bag rules in every Ohio town they operate in.
- 04.Private businesses (like Aldi or Whole Foods) still have the right to voluntarily stop using plastic bags or charge for them on their own.
Penalties
- 01.Any local city ordinance that attempts to ban or tax auxiliary containers (bags) is legally void and cannot be enforced by local police or code inspectors.
Verified Citations
Ohio Revised Code Section 3767.332 (HB 242)
Source"A municipal corporation... shall not impose a tax, fee, assessment, or other charge on auxiliary containers... or prohibit the use of auxiliary containers by a person..."