South Dakota bill wouldn’t allow cities or counties to ban plastic straws or plastic bags

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PIERRE, S.D. (KELO) — A bill filed in the South Dakota Senate would not allow any other government within the state to ban plastic straws, plastic bags and other “auxiliary containers.”

This is similar legislation to neighboring states like North Dakota, Minnesota and Iowa.

A majority of states have enacted “preemption” laws, while some of the more populated states like New York and California have passed some sort of plastic bans.

2020 Bill Tracker



Introduced Referred to Committee Chamber Vote Next Chamber Governor’s Desk Bill Becomes Law

Purpose of bill: regulate the use of auxiliary containers.

This bill would update an existing law that says no other city or county can restrict the use of plastic beverage containers, garbage bags or plastic packing materials.

The changes in the bill would:

  • Remove the word plastic from “plastic beverage containers”
  • Added “straws used for beverage consumption”
  • Added “auxiliary containers” which are defined as any bag, cup, bottle, package, container, or other packaging, whether designed to be reusable or single−use, that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi−layer substrates, and that is designed for transporting or protecting merchandise, food, or beverages from or at a food service facility or retail facility.

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