Ind. Code § 36-1-3-8.6

Current through P.L. 171-2024

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

(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.

IC 36-1-3-8.6

Added by P.L. 150-2016, SEC. 2, eff. 3/23/2016.