Oregon Bag Ban, Fee & EPR Rules
Verified: July 29, 2026
Bag Ban Status
Statewide bag ban: active statewide ban. Covered-retailer scope is broad under state law (HB 2509 of 2019 / ORS 459A.690–.695): applies to any 'retail establishment' — defined as any store, restaurant, or other entity engaged in the retail sale of personal property to the public, plus restaurants and food-service establishments. Apparel, jewelry, and general retail (e.g. Claire's, Gap) are covered statewide. No size or chain-count exemption.
Plastic Bag Restrictions
Plastic carryout bags: active statewide ban on single-use plastic bags. SB 551 (2025, Ch. 276): ALL plastic film checkout bags — including thicker 'reusable' film bags — banned at grocery stores, retail, and restaurants effective 2027-01-01.
Paper Bag Requirements
$0.05 state minimum paper bag fee. Paper carryout bags must be 100% recyclable with a minimum 40% post-consumer recycled content. Labeling required on paper bags ('reusable' / 'recyclable').
Recycled Content (PCR)
Paper carryout bags: 100% recyclable; minimum 40% post-consumer recycled fiber OR 40% nonwood renewable fiber OR a combination totaling at least 40% (ORS 459A.755).
Fees & Taxation
$0.05 state minimum charge per recycled paper carryout bag AND per reusable plastic checkout bag (ORS 459A.757(3), within the checkout-bag provisions ORS 459A.755–.759 — the charge applies to both bag types, not paper only). Restaurants may provide recycled paper checkout bags at no charge (ORS 459A.757(4)(a)). Customers using a WIC voucher or SNAP/EBT benefits are exempt from the charge.
Extended Producer Responsibility (EPR)
EPR for Packaging — enacted and live. Statute: SB 582 / Plastic Pollution and Recycling Modernization Act. PRO: Circular Action Alliance (CAA). De minimis: <$5M global revenue OR <1 ton OR single OR location. Penalties: Up to $25,000/day. NAW filed a federal constitutional challenge in 2025. On February 6, 2026, the US District Court for the District of Oregon granted a preliminary injunction barring DEQ from enforcing the RMA against NAW and its members only; the law remains enforceable against all other producers. A five-day merits trial began July 13, 2026 in Portland; a ruling is expected later in 2026. Grounds: dormant Commerce Clause and Due Process concerns over the confidential CAA fee methodology.
Local Ordinances
None significant.
Key Dates
First reporting deadline: 2026-05-31 (2025 supply data). Full implementation: 2025-07-01 (live). SB 551 reusable bag standards effective: 2027-01-01. Second annual producer reporting (2026 supply data): 2027-05-31 (expected, annual cadence).
Official Sources
- Oregon DEQ — Recycling Modernization Act
- Oregon SB 582 (2021) — Recycling Modernization Act
- Oregon HB 2509 (2019) — Sustainable Shopping Initiative, bag ban & paper bag fee
- Oregon SB 551 (2025) — Reusable bag standards
- DLA Piper alert (Feb 2026) — Oregon EPR preliminary injunction
- Circular Action Alliance — Oregon RMA update during the preliminary injunction
- Oregon DEQ — Checkout bags (HB 2509 program page)
- Oregon DEQ — Checkout Bag fact sheet (PDF)