Ark. Code § 14-1-107

Current with legislation from 2024 Fiscal and Special Sessions.
Section 14-1-107 - Auxiliary containers - Definition
(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.

Ark. Code § 14-1-107

Added by Act 2021, No. 751,§ 1, eff. 7/28/2021.