States That Banned Plastic Bags: Rules, Fees, and Exemptions

Twelve states have banned plastic bags at retail checkout: California, Colorado, Connecticut, Delaware, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington, with Hawaii effectively joining the list through county ordinances. Colorado and Rhode Island are the most recent additions, both taking effect January 1, 2024. Each state writes its own rules on paper bag fees, small-business exemptions, and which bags are swept into the ban, so the shopping experience is not identical from one to the next.

The Twelve States and Their Rules

Hawaii: Not a State Law, But the Same Result

Hawaii has no statewide statute, but every county has passed its own plastic bag ordinance. You will not receive a thin plastic bag at checkout anywhere in Hawaii. The state is often described as “effectively banned” rather than carrying a formal statewide law.

Which Bags the Bans Actually Cover

Most bans target the thin plastic film bags handed out at checkout counters. Statutes define these by thickness in mils, or thousandths of an inch. Washington draws the line at 2.25 mils; Connecticut sets its threshold at 4.0 mils.13Washington State Department of Ecology. Plastic Bag Ban The cutoff varies by state, but the concept is consistent: if a bag is too thin to be genuinely reused, it falls under the ban.

The rules apply to carryout bags provided at the point of sale in grocery stores, pharmacies, and general retail. In states that still permit reusable plastic alternatives, those bags must meet minimum thickness and durability standards, and many laws require labeling with the manufacturer’s name, country of origin, and recycled content percentage. California, after SB 1053, no longer allows reusable plastic at checkout at all.

What You Pay for a Bag at Checkout

Nearly every ban state requires retailers to charge for replacement bags. The fee is the mechanism meant to push you toward bringing your own.

How the fee revenue gets split varies. Some states let retailers keep the money to cover the cost of compliant bags; others require partial or full remittance to a state fund. A legislated mandatory fee is typically not subject to state sales tax, though store-set fees above the minimum may be taxable.

When You Can Skip the Fee

If you pay with SNAP, WIC, TANF, or EBT benefits, several ban states waive the mandatory bag fee. Washington exempts customers using any form of food assistance from both the 8-cent paper charge and the 12-cent reusable plastic charge.15Washington Department of Ecology. Fee Increase in Effect January 1, 2026 – Plastic Film Bags Cost 12 Cents Oregon allows stores to provide recycled paper bags at no charge to customers using WIC vouchers or EBT cards.9Oregon State Legislature. Oregon Revised Statutes 459A.757 – Prohibition on Provision of Certain Checkout Bags Colorado’s carryout bag fee does not apply to any customer who provides evidence of participation in a federal or state food assistance program.3Colorado Department of Revenue. Carryout Bag Fee

The exemption is not always obvious at checkout. Let the cashier know before they ring up a bag charge. The waiver covers the fee, not the ban: you still will not get a single-use plastic bag, but you can take a paper or reusable one without the surcharge.

Thin Plastic Bags You Will Still See

Even in ban states, thin plastic bags remain in use for specific purposes where alternatives are not practical.

  • Produce bags for fruits, vegetables, nuts, grains, and other loose goods.
  • Thin plastic wrapping for uncooked meat, fish, and poultry.
  • Pharmacy bags for prescription medications.
  • Dry cleaning and garment covers that protect clothing in transport.
  • Packaging integrated into a product before it reaches the store, such as bread bags or bags of ice.

Restaurant takeout is handled differently from state to state. Colorado exempts restaurants from both the bag ban and the fee requirement.3Colorado Department of Revenue. Carryout Bag Fee Oregon takes a stricter approach: restaurants cannot use single-use plastic bags but can offer paper bags at no charge.9Oregon State Legislature. Oregon Revised Statutes 459A.757 – Prohibition on Provision of Certain Checkout Bags Small businesses sometimes get their own carveout. Colorado allows stores with three or fewer in-state locations to keep handing out single-use plastic bags. California applies its ban to every store regardless of size.1CalRecycle. Single-Use Carryout Bag Ban

States That Block Cities From Banning Bags

Roughly 17 states have gone the other direction, passing preemption laws that stop cities and counties from imposing their own bag restrictions, fees, or bans. If you live in one of these states, no local plastic bag rule can take effect unless the state legislature acts first.

Arizona’s statute bars cities and towns from taxing, charging fees on, or regulating the sale or use of “auxiliary containers,” a category that includes plastic bags, cups, bottles, and boxes. The law declares regulation of these containers a matter of statewide concern.16Arizona Legislature. Arizona Code 9-500.38 – Prohibition on Regulation of Auxiliary Containers; State Preemption; Definition In Texas, the state Supreme Court reached the same outcome judicially, ruling in City of Laredo v. Laredo Merchants Association that a local bag ordinance was preempted by the state’s Solid Waste Disposal Act. The decision invalidated local bag bans across Texas.17Justia Law. City of Laredo, Texas v. Laredo Merchants Association

Supporters of preemption argue it creates predictable rules for retailers operating across multiple cities. Critics say it blocks communities that want to reduce plastic waste but cannot muster votes at the state capitol. Either way, in a preemption state, a bag ban will not happen unless the state government itself changes course.