§ 14-1-107 — Auxiliary containers - Definition

(a) As used in this section, "auxiliary container" means a bag, cup, package, container, bottle, device, or other packaging that is without limitation: (1) Made of cloth, paper, plastic, foamed plastic, expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar coated or laminated material; and (2) Designed for the consumption, transportation, or protection of merchandise, food, or beverages at a food service facility, manufacturing facility, distribution facility, processing facility, or retail facility. (b) Except as provided under subsection (c) of this section, a municipality or county shall not restrict, tax, prohibit, or otherwise regulate the use, disposition, or sale of auxiliary containers. (c) A municipality or county may: (1) Operate a recycling program, a composting program, and a solid waste disposal program; and (2) Regulate the use of auxiliary containers on property owned or maintained by the municipality or county. (d) This section does not: (1) Affect a general state or local sales and use tax; (2) Prevent a municipality or county from restricting the use of glass containers within the municipality or county based on public safety concerns; (3) Prevent a municipality or county from passing or enforcing an ordinance that prohibits littering, if the ordinance complies with the Litter Control Act, § 8-6-401 et seq.; or (4) Prevent a municipality from setting by ordinance reasonable standards for the regulation of alcohol possession within the boundaries of a designated entertainment district under § 14-54-1412 .

Legislative History

Added by Act 2021, No. 751,§ 1, eff. 7/28/2021.