Indiana § 36-1-3-8.6 Regulation of reusable or disposable auxiliary containers prohibited;
exceptions

Indiana Statutes

§ 36-1-3-8.6 — Regulation of reusable or disposable auxiliary containers prohibited; exceptions

Indiana § 36-1-3-8.6

Title 36LOCAL GOVERNMENT

Art. 1GENERAL PROVISIONS

Ch. 3Home Rule

This text of Indiana § 36-1-3-8.6 (Regulation of reusable or disposable auxiliary containers prohibited; exceptions) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-1-3-8.6 (2026).

Text

6.

(a)As used in this section, "auxiliary container" means a bag, box, cup, bottle, or similar container that is:

(1)reusable or disposable;

(2)made of:

(A)cloth;

(B)paper;

(C)plastic;

(D)extruded polystyrene; or

(E)a similar material; and

(3)designed for:

(A)one time use; or

(B)transporting merchandise or food from food or retail facilities.

(b)Except as provided in subsections (c) and (d), a unit may not:

(1)regulate, or adopt or enforce an ordinance or resolution to regulate:

(A)the:

(i)manufacture;

(ii)distribution;

(iii)sale;

(iv)provision;

(v)use; or

(vi)disposition or disposal; of auxiliary containers; or

(B)a:

(i)manufacturer of auxiliary containers;

(ii)distributor of auxiliary containers; or

(iii)food or retail facility that sells, provides, or otherwise m

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6. (a) As used in this section, "auxiliary
container" means a bag, box, cup, bottle, or similar container that is:
(1) reusable or disposable;
(2) made of:
(A) cloth;
(B) paper;
(C) plastic;
(D) extruded polystyrene; or
(E) a similar material; and
(3) designed for:
(A) one time use; or
(B) transporting merchandise or food from food or retail
facilities.
(b) Except as provided in subsections (c) and (d), a unit may not:
(1) regulate, or adopt or enforce an ordinance or resolution to
regulate:
(A) the:
(i) manufacture;
(ii) distribution;
(iii) sale;
(iv) provision;
(v) use; or
(vi) disposition or disposal;
of auxiliary containers; or
(B) a:
(i) manufacturer of auxiliary containers;
(ii) distributor of auxiliary containers; or
(iii) food or retail facility that sells, provides, or otherwise
makes use of auxiliary containers;
in connection with the manufacture, distribution, sale,
provision, use, or disposition or disposal of auxiliary containers;
or
(2) impose, or adopt or enforce an ordinance or resolution to
impose, any:
(A) prohibition;
(B) restriction;
(C) fee; or
(D) tax;
with respect to auxiliary containers or to any person described in
subdivision (1)(B) in connection with the manufacture,
distribution, sale, provision, use, or disposition or disposal of
auxiliary containers.
(c) This section does not prohibit, limit, or restrict:
(1) a curbside recycling program available in, or offered by, a
unit; or
(2) the designation or operation of a residential or commercial
recycling location within a unit.
(d) This section does not apply to the distribution, sale, provision,
use, or disposition or disposal of auxiliary containers at any event that:
(1) is organized, sponsored, or permitted by a unit; and
(2) takes place on property owned by the unit.