Ohio's Plastic Bag Ban: What You Need To Know

did ohio ban plastic bags

In recent years, several counties and cities in Ohio have attempted to ban single-use plastic bags, citing environmental concerns and pollution. Cuyahoga County passed a disposable bag ban in 2019, while the Cincinnati City Council passed a similar ordinance in 2020. However, these efforts have been met with resistance from the state, which has enacted a ban on bans, claiming that local regulations conflict with state law. Despite this, some municipalities, such as Athens and Bexley, have continued to defy the state's position, implementing their own ordinances prohibiting single-use plastic bags. The debate over plastic bag bans in Ohio highlights the tension between local communities seeking to address plastic pollution and the state's desire for uniform business regulations.

Characteristics Values
Location Ohio
Date June 2021
Type of ban Single-use plastic bags
Implementation Delayed indefinitely
Ordinance Customers can use their own bags with no charge. Stores or restaurants will charge a minimum fee of $0.05 for each bag if customers need one.
Affected areas Cuyahoga County, Athens, Cincinnati, Bexley
Enforcement Civil fines against businesses that do not comply
Reasons Reduce plastic waste, protect the environment, reduce cleanup costs

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Cincinnati's single-use bag ban

In September 2020, the Cincinnati City Council voted to ban single-use plastic bags for many businesses in the city. The ordinance was passed with a vote of 7-1, with Councilmember Betsy Sundermann as the lone dissenter. The ban was set to come into effect on January 1, 2021, but was delayed by the Ohio legislature until January 15, 2022, due to the passage of Ohio House Bill 242, which placed a 1-year moratorium on municipal single-use bag bans.

The ordinance prohibits most single-use plastic and paper bags from grocery stores, restaurants, and other food establishments. It does not include special-purpose plastic bags, such as those used for dry cleaning or to protect newspapers from moisture. Customers are allowed to bring their own bags, regardless of what they are made of, without incurring a charge. If a customer needs a bag, the store or restaurant will charge a minimum fee of $0.05 per bag, with the money earned from this charge going to the business. Bags provided by stores must be reusable or made from recycled paper with a minimum of 40% recycled content.

The ordinance was implemented to reduce waste and pollution, particularly the proliferation of plastic bags derived from petroleum, which creates a significant amount of litter, contaminates the environment, and kills wildlife. It also aims to reduce the financial burden of cleanup costs on communities. While the original measure was delayed and then killed by Ohio lawmakers, some businesses, such as Kroger, remain committed to phasing out single-use plastic bags in their stores.

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Cuyahoga County's disposable bag ban

Ohio has not implemented a statewide ban on plastic bags. However, Cuyahoga County, which includes cities such as Cleveland and Parma, has taken steps to address the issue of plastic bag waste.

Despite the ban being passed, the State of Ohio preempted the ordinance with a "ban on bans", meaning that Cuyahoga County is not currently enforcing the ordinance with fines. Instead, the County is seeking voluntary compliance from retailers and encouraging consumers to bring their own bags (BYOBags). Cuyahoga County remains committed to eliminating single-use plastic checkout bags and is supporting retailers through the transition away from plastic bags.

The County's efforts are in line with a broader movement to reduce plastic waste and protect the environment. Many countries and U.S. cities have implemented similar bag bans and restrictions, recognising the need to reduce single-use plastic waste.

While Cuyahoga County's Disposable Bag Ban is not currently being enforced with fines, the County is still actively working towards reducing plastic bag waste and encouraging the use of reusable bags. This approach aims to create a healthier, safer, and more economically viable community for Cuyahoga County residents.

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Athens' single-use plastic bag ban

In May 2023, the Athens City Council approved an ordinance to reduce single-use plastic bags within the city, which was set to take effect on January 1, 2024. The ordinance covered stores, vendors, and restaurants within Athens, with plastic bags without handles permitted for transporting messy items like bulk goods, produce, meat, or baked goods. However, the Athens single-use plastic bag ban was short-lived, as it was deemed unconstitutional by a state appeals court in July 2025.

The court's decision stated that the Athens ban conflicted with a state law that gives individuals the choice to use any type of bag, including plastic. The court echoed the state's argument that plastic bags will inevitably become part of the solid waste stream, and thus, their use falls under solid waste management. The city of Athens argued that the ban was about giving people the right to choose rather than recycling or litter reduction. They also contended that plastic bags are challenging to recycle and cannot be placed in curbside recycling bins.

Despite the setback, the city of Athens remains committed to reducing single-use plastic bags. The decision not to appeal the court ruling leaves the choice of providing plastic bags to individual vendors. The Athens single-use plastic bag ban encountered legal challenges from the beginning. After the ordinance was passed in 2023, the Ohio Attorney General's Office sued the city, arguing that the local ordinance violated state law. The Athens County Court of Common Pleas agreed with this assessment, and the case then moved to the Fourth District Court of Appeals, which sided with the lower court.

Athens is not alone in its efforts to reduce plastic bag waste. Cuyahoga County also attempted to implement a disposable bag ban in 2019, but the state of Ohio preempted it with a "ban on bans." Despite these legal hurdles, many places recognize the need to reduce single-use plastic waste and its detrimental impact on the environment, wildlife, and communities.

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Ohio's ban on bans

In Ohio, there have been several attempts to ban single-use plastic bags, with varying levels of success. Cuyahoga County, for example, passed a disposable bag ban in 2019, but it was never enforced due to the state's "ban on bans." This term refers to Ohio's decision to block local communities from implementing their own bans on single-use plastic items, including bags, cups, and straws. The Ohio House of Representatives voted in favour of this, citing the need for a "uniform business climate." However, opponents argue that it hinders local efforts to reduce plastic pollution, particularly in areas like Lake Erie.

Athens, Ohio, has also faced legal challenges from the state regarding its single-use plastic bag ban, which took effect on January 1, 2024. The Ohio Attorney General's Office filed a complaint in December 2023, arguing that the city's ban conflicted with a provision in the 2022-23 budget aimed at preventing municipal bans on plastic bags. The state claims that the city's ordinance exceeds the home rule authority granted to municipalities in the state constitution. Athens County Councilman Alan Swank, who introduced the ordinance, called the lawsuit an attempt to "undo the will of the people."

Cincinnati, Ohio, also passed an ordinance banning single-use bags, which was scheduled to take effect on January 1, 2021. However, due to Ohio House Bill 242, which placed a one-year moratorium on such bans, the implementation was delayed indefinitely. While customers can use their own bags regardless of their material, stores and restaurants are now required to charge a minimum fee of $0.05 per bag provided to customers, and these bags must be reusable or recycled-content paper bags.

The efforts to reduce single-use plastic bag usage in Ohio are part of a broader trend, with at least 127 countries and 349 jurisdictions worldwide implementing regulations on plastic bags. Plastic bags are a significant source of pollution, harming wildlife, increasing cleanup costs, and contributing to climate change. They can take up to 1,000 years to break down in landfills, degrading into microplastics and leeching toxic chemicals that contaminate water and air.

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Plastic bag waste in Cuyahoga County

Plastic bag waste is a significant issue in Cuyahoga County, with over 319 million plastic bags becoming waste each year. To address this problem, Cuyahoga County's Disposable Bag Ban was passed by the County Council in 2019. However, the state of Ohio preempted the ordinance with a "ban on bans," preventing its enforcement. Despite this setback, Cuyahoga County remains committed to reducing plastic bag waste and encourages consumers to bring their own bags.

The negative impacts of plastic bag waste in Cuyahoga County are widespread. Plastic bags are a major source of pollution, harming both wildlife and people. They impose cleanup costs on communities and contribute to climate change. Additionally, plastic bags can take up to 1,000 years to break down in landfills, degrading into microplastics and leeching toxic chemicals that contaminate water and air. The county recognizes the need to reduce single-use plastic waste and promote reusable alternatives.

To address plastic bag waste, Cuyahoga County is seeking voluntary compliance from retailers and educating consumers about the importance of bringing their own bags. They also encourage residents to reduce single-use plastic consumption and provide tips for reusable alternatives. For example, residents are advised to use reusable produce bags, purchase mesh bags, or make their own reusable cloth bags for fruits and vegetables. Cuyahoga County also highlights the importance of proper recycling, ensuring that only the correct items are included in recycling containers.

While Cuyahoga County's official ban on plastic bags is currently preempted by the state, local retailers are making efforts to eliminate plastic checkout bags. The county's Department of Sustainability provides a Sustainable Stores Locator to help residents find and support these environmentally conscious businesses. Additionally, Cuyahoga County promotes Plastic Free July, a global initiative to reduce plastic waste, by sharing educational content on social media platforms.

Overall, Cuyahoga County is actively working to reduce plastic bag waste through education, encouragement of reusable alternatives, and voluntary compliance from retailers and residents. While the official ban may be temporarily halted, the county remains dedicated to minimizing the environmental and ecological impacts of plastic bag waste.

Frequently asked questions

No, Ohio has passed a bill that blocks bans on single-use plastic bags.

The bill is called Ohio House Bill 242.

The purpose of the bill is to create a "uniform business climate" in the state.

Yes, Cuyahoga County, Athens, and Bexley have banned single-use plastic bags.

The penalties vary depending on the location. In Cuyahoga County, businesses can be fined $100 for the first offense and $200 for each subsequent offense. In Athens, the fine is $150 for each violation, and if the fine is not paid within 30 days, the business may be charged with a minor misdemeanor.

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