House Bill 1500

(As Passed the House)

AN ACT TO PROHIBIT COUNTIES AND CITIES FROM REGULATING THE USE, DISPOSITION OR SALE OF AUXILIARY CONTAINERS AS WELL AS THE IMPOSITION OF A TAX, FEE OR CHARGE ON SUCH CONTAINERS; TO DEFINE THE TERM "AUXILIARY CONTAINER"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following words, terms and phrases, when used in this act, shall have the meaning as defined in this section, except where the context clearly indicates otherwise:

          (a) "Auxiliary container" means a bag, cup, bottle, or other packaging, whether reusable or single-use, that meets both of the following requirements:
              (i) Is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates; and
              (ii) Is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a food service or retail facility.
          (b) "Local unit of government" means a county, township, city, or village.
     SECTION 2. Except as otherwise provided under Section 3 of this act, 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 auxiliary containers;
          (b) Prohibits or restricts auxiliary containers; or
          (c) Imposes a fee, charge or tax on auxiliary containers.
     SECTION 3. (1) This act 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; or
          (c) A commercial recycling program.
     (2) This act shall not apply to any of the following:
          (a) An ordinance that prohibits littering; or
          (b) The use of auxiliary containers on property owned by a local unit of government.

SECTION 4. This act shall take effect and be in force from and after July 1, 2018.