Ethan Clarke
As of 2025, there is no national plastic bag fee or ban in the United States. However, several states, including California, Colorado, and New York, have implemented their own plastic bag bans or fees. For example, California passed a law in 2024 to close a loophole that allowed thicker plastic bags to be purchased at supermarket checkouts. This new legislation will come into effect in January 2026. New York's plastic bag ban came into effect in March 2020, and Washington State passed a similar ban in 2020. Despite these efforts, some jurisdictions have faced challenges in implementing and enforcing plastic bag bans due to industry lobbying and legal disputes.
| Characteristics | Values |
|---|---|
| States with plastic bag bans | California, Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, American Samoa, Guam, Northern Mariana Islands, US Virgin Islands, Puerto Rico |
| States with preemptive bans on banning plastic bags | Arizona, Florida, Iowa, Idaho, Indiana, Michigan, Minnesota, Missouri, Mississippi, Wisconsin |
| States with partial plastic bag bans | Massachusetts (162 out of 301 cities and towns) |
| States with fee-only approach to bag reduction | Chicago, Washington, D.C., Virginia (certain counties and independent cities) |
| States with preemption on local laws banning plastic bags but allowing fees | Minnesota |
| States with plastic bag ban loopholes | California (loophole allowed for "reusable" thicker plastic bags to be sold at checkout, closed in 2024) |
| States with attempts to ban plastic bags that were unsuccessful due to industry lobbying | Massachusetts |
| States with plastic bag bans that were repealed due to conflict with state law | Athens, Ohio |
| States with plastic bag bans that were paused or repealed during the pandemic | N/A (multiple states) |
| States with plastic bag bans that were ended due to enforcement issues | Austin, Texas |
| States with plastic bag reduction laws | New York (effective March 1, 2020) |
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What You'll Learn
California passes a new plastic bag ban
California has passed a new plastic bag ban, Senate Bill 1053, which will come into effect on January 1, 2026. The bill bans the distribution of single-use plastic bags, including thick plastic film bags, at grocery and convenience store checkouts. This new legislation aims to close a loophole in the state's previous bag ban, which allowed stores to sell thicker plastic bags considered reusable. However, many customers did not reuse these bags, leading to increased plastic waste in the state.
California was the first state in the US to implement a statewide bag ban in 2014, with the passage of Senate Bill 270. However, this initial legislation did not include thicker plastic film bags, which have contributed significantly to plastic waste in the state. Since the implementation of the first bag ban, the amount of plastic waste in California has reached record levels.
The new bill was championed by Senator Catherine Blakespear and Assemblymember Rebecca Bauer-Kahan and signed into law by Governor Newsom on August 30, 2024. It is supported by environmental organizations such as Oceana, which applauded the state for tackling the global plastic pollution crisis. The bill also has strong public support, with 86% of California voters in favour of policies that reduce single-use plastic, according to a statewide poll.
In preparation for the new ban, several retailers in California, including Target and CVS, are participating in a campaign called "Break Up With Single-Use Bags." The campaign aims to help shoppers transition away from using disposable bags and towards reusable alternatives. The new law will also require paper bags provided by supermarkets to be made from at least 50% recycled paper. Stores will be allowed to distribute recycled paper bags or compostable bags that meet specific criteria and must charge at least 10 cents per bag.
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New York's Bag Waste Reduction Act
The Act also includes a 5-cent paper carryout bag reduction fee, which means that in certain areas, consumers are charged 5 cents for each paper carryout bag provided at checkout. This fee does not apply to SNAP and WIC recipients. Consumers can avoid these fees by bringing their own bags.
The NYS Department of Taxation and Finance provides information to the public about the paper carryout bag reduction fee. Stores covered by the Act are still required to collect plastic bags and other film plastics from consumers for recycling. Film plastics include items such as bread bags and plastic wraps that come with items such as water and paper towels.
The Act was not enforced initially due to litigation brought against it in the New York State Supreme Court. However, on August 20, 2020, the Court upheld the law and most of the Part 351 regulations.
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Preemptive bans on banning plastic bags
Plastic bag bans have been implemented in several countries and states to address the environmental, social, health, and economic issues associated with the use of single-use plastic bags. However, there has also been opposition to these bans in the form of preemptive laws that prohibit local governments from enacting their own plastic bag regulations.
The plastics industry has focused its efforts on influencing state-level legislation, as it provides them with more power to block regulations. The American Legislative Exchange Council (ALEC), where corporate lobbyists and state legislators collaborate, has developed a model bill specific to banning local regulation of containers. This model is being pursued in several states, and identical preemption legislation has been passed in multiple states, usurping the "Home Rule" rights of municipalities.
The conflict between state and local governments over plastic bag bans has led to legal challenges. In 2021, several Pennsylvania municipalities sued the state, arguing that the plastic bag ban preemption was unconstitutional. In Texas, the state's Supreme Court ruled against a bag ban implemented by Laredo, leading to the end of similar bans in other cities.
Despite the preemptive bans, there are still efforts to challenge the plastics industry lobbyists and push for stronger legislation at the statewide level. California, for example, passed a statewide bag ban in 2014, and Hawaii effectively has a statewide ban due to restrictions in all its counties. Additionally, fees on plastic bags, as implemented in Minnesota, have been suggested to be more effective than bans alone in reducing plastic litter.
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Plastic bag bans during the pandemic
During the COVID-19 pandemic, many states and municipalities in the United States delayed, waived, or rolled back plastic bag bans to prevent the spread of the virus and protect the health of grocery workers and consumers. For instance, Maine's legislature voted to postpone the enforcement of its plastic bag ban, which was set to go into effect on April 22, until the following year. New York's Department of Environmental Conservation also delayed enforcement of its ban, which was supposed to start on March 1, until May 15. The city of Boston issued an executive order allowing stores to use plastic bags during the outbreak. Alaska, Colorado, Massachusetts, and New Hampshire also temporarily lifted their bans.
Proponents of single-use plastic bags argued that reusable bags, which are often unwashed, could be hotbeds for the coronavirus and other bacteria and viruses. A 2011 University of Arizona study found that 51% of reusable bags contained coliform bacteria, and 12% had E. coli. The Plastics Industry Association requested that the U.S. Department of Health and Human Services endorse single-use plastics as the safest choice during the pandemic. However, environmental advocates criticized these campaigns as opportunistic and irresponsible fear-mongering. They argued that single-use plastic bags were unlikely to protect against COVID-19, as the virus can survive on plastic surfaces for up to three days.
Some jurisdictions chose to ban reusable bags temporarily instead of lifting plastic bag bans. For example, Three Bears Alaska banned customers from bringing reusable bags into their stores to protect their workers. Massachusetts and New Hampshire also temporarily prohibited the use of reusable bags.
Before the pandemic, several states and territories in the United States had banned disposable plastic bags, including California, Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington. However, there is currently no national plastic bag fee or ban in the United States.
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Plastic bag bans in the United States
Plastic bag bans have been implemented in various states, counties, and cities across the United States to address the environmental concerns associated with single-use plastic bags. While there is no national plastic bag fee or ban in place, several states, territories, and local jurisdictions have taken their own initiatives to reduce plastic bag waste.
California was the first state to implement a statewide ban on single-use plastic bags in 2014. However, a loophole in the legislation allowed for the sale of thicker "reusable" plastic bags, which ultimately contributed to increased plastic waste. To address this issue, new legislation was passed in 2024 to eliminate the loophole by removing the option to purchase these thicker bags at supermarket checkouts. Other states that have followed California's lead in passing statewide bans on single-use plastic bags include Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
Some states, such as Arizona, Florida, Iowa, Idaho, Indiana, Michigan, Minnesota, Missouri, Minnesota, and Wisconsin, have taken a different approach by enacting preemptive bans on banning plastic bags, preventing local municipalities from introducing bag bans. This legislative complexity has resulted in a mixed bag of policies across the nation, with some states instituting plastic bans while others forbid local jurisdictions from enacting anti-plastic ordinances.
At the local level, cities like San Francisco, Seattle, and New York have implemented their own plastic bag bans or restrictions. For example, New York City banned plastic bags in restaurants and delivery services unless specifically requested by customers. Additionally, over 200 counties and municipalities have enacted ordinances imposing fees on plastic bags or banning them outright, including all counties in Hawaii, despite the state not having a formal ban in place.
The effectiveness of plastic bag bans has been a topic of discussion, with some research indicating a reduction in plastic bag waste on beaches and others highlighting the need for a more consistent approach. The COVID-19 pandemic also presented a unique challenge, as concerns about the spread of the virus led to a pause or repeal of some single-use plastic bag bans during that time. Despite these complexities, the ultimate goal of reducing plastic pollution and its environmental impact remains a driving force behind the ongoing efforts to implement and improve plastic bag bans across the United States.
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Frequently asked questions
California, Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington have all banned disposable plastic bags.
Yes, 10 states have preemptive bans on banning plastic bags: Arizona, Florida, Iowa, Idaho, Indiana, Michigan, Minnesota, Missouri, Mississippi, and Wisconsin.
One challenge is the presence of loopholes in the legislation, such as the sale of thicker "reusable" plastic bags, which may still contribute to plastic waste. During the COVID-19 pandemic, there were also concerns that reusable bags could contribute to the spread of the virus, leading to a pause or repeal of some bans.
Reusable bags made from materials like cloth are recommended as they are designed for multiple uses, reducing environmental costs and litter. Paper bags are also offered as an alternative in some states, although they may come with an additional fee.
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