Act to Establish Statewide Uniformity for Essential Plastic Regulations


AN ACT to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain consumer products deemed to be essential.

Act to Establish Statewide Uniformity for Essential Plastic Regulations

Model Policy

Findings: The State finds that some consumer products are essential to society for public health, disaster relief, and food safety. While some localities have banned the sale of some plastic products in an effort to curb littering, the State finds that certain products, defined in this Act, provide high societal benefit and should be exempt from these measures.

Sec. 1. As used in this act:

(a) “Essential plastic product” means one of the following classes of products:

(i) Medical supplies and personal protective equipment, including but not limited to single-use facemasks;
(ii) Plastic food wrap and similar flexible or hard plastic used to preserve the freshness of perishable food and prevent food waste;
(iii) Bottled water;

(b) “Local unit of government” means a county, township, city, or village.

Sec. 2. Subject to section 3, a local unit of government shall not adopt or enforce an ordinance that does any of the following:

(a) Regulates the use, disposition, or sale of essential plastic products.
(b) Prohibits or restricts essential plastic products.
(c) Imposes a fee, charge, or tax on essential plastic products.

Sec. 3.

(1) Section 2 shall not be construed to prohibit or restrict any of the following:
(a) A curbside recycling program.
(b) A designated residential or commercial recycling location.
(c) A commercial recycling program.
(2) Section 2 does not apply to any of the following:
(a) An ordinance that prohibits littering.