United States (Federal) Bag Ban, Fee & EPR Rules

Bag Ban Status

No federal bag ban or bag fee. Carryout-bag regulation remains a state, territory, and local matter; no federal statute preempts state bag laws.

Plastic Bag Restrictions

No federal restriction on plastic carryout bags.

Paper Bag Requirements

No federal requirement.

Recycled Content (PCR)

No federal recycled-content mandate for bags or packaging. The FTC Green Guides (16 C.F.R. Part 260) govern how recycled-content and recyclability claims may be marketed.

Fees & Taxation

None federally.

Extended Producer Responsibility (EPR)

No federal packaging EPR program. Federal activity is limited to recurring bills: the Break Free From Plastic Pollution Act (packaging EPR + national deposit provisions) has been reintroduced in successive Congresses without passing, and the Recycling and Composting Accountability Act (recycling data collection, not EPR) has advanced in the Senate. Neither imposes producer obligations today.

Local Ordinances

n/a — federal record; see individual states for state and local rules.

Key Dates

FTC Green Guides: last substantive revision 2012; the FTC opened a regulatory review with a public comment period that closed in 2023, and a revised rule remains pending — the outcome will affect recyclability and chasing-arrows claims nationwide, interacting with state laws like California SB 343.

Official Sources

• FTC — Green Guides (Environmental Marketing Claims, 16 C.F.R. Part 260)
• Regulations.gov — FTC Green Guides regulatory review docket (FTC-2022-0077)
• Congress.gov — legislation search (federal packaging and recycling bills)