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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) As used in this section, “auxiliary container” means a bag, cup, package, container, bottle, device, or other packaging that is without limitation:
(1) Made of cloth, paper, plastic, foamed plastic, expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar coated or laminated material; and
(2) Designed for the consumption, transportation, or protection of merchandise, food, or beverages at a food service facility, manufacturing facility, distribution facility, processing facility, or retail facility.
(b) Except as provided under subsection (c) of this section, a municipality or county shall not restrict, tax, prohibit, or otherwise regulate the use, disposition, or sale of auxiliary containers.
(c) A municipality or county may:
(1) Operate a recycling program, a composting program, and a solid waste disposal program; and
(2) Regulate the use of auxiliary containers on property owned or maintained by the municipality or county.
(d) This section does not:
(1) Affect a general state or local sales and use tax;
(2) Prevent a municipality or county from restricting the use of glass containers within the municipality or county based on public safety concerns;
(3) Prevent a municipality or county from passing or enforcing an ordinance that prohibits littering, if the ordinance complies with the Litter Control Act, § 8-6-401 et seq.; or
(4) Prevent a municipality from setting by ordinance reasonable standards for the regulation of alcohol possession within the boundaries of a designated entertainment district under § 14-54-1412.
Cite this article: FindLaw.com - Arkansas Code Title 14. Local Government § 14-1-107. Auxiliary containers--Definition - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-1-107/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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