9-500.38. Prohibition on regulation of auxiliary containers; state preemption; definition

A. A city or town may not:

1. Impose a tax, fee, assessment, charge or return deposit on a consumer or an owner, operator or tenant of a business, commercial building or multifamily housing property for auxiliary containers.

2. Regulate the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property.

B. The regulation of the sale, use and disposition of auxiliary containers is a matter of statewide concern. The regulation of the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section is not subject to further regulation by a city or town.

C. This section does not prevent a city or town from continuing a voluntary recycling and waste reduction program as authorized by section 9-500.07 or ensuring that discarded auxiliary containers defined as solid waste pursuant to section 49-701.01 are disposed of properly.

D. For the purposes of this section, " auxiliary container" includes reusable bags, disposable bags, boxes, beverage cans, bottles, cups and containers that are made out of cloth, plastic, extruded polystyrene, glass, aluminum, cardboard or other similar materials and that are used for transporting merchandise or food to or from a business or multifamily housing property. Auxiliary container does not include a stationary receptacle intended solely for use by the public for voluntary donation of goods and materials intended for subsequent reuse, sale or recycling.