Efforts to control plastic packaging waste are intensifying across the United States, with Florida emerging as the latest focal point in the debate over state preemption of local environmental laws.

Recent developments in Florida highlight a growing trend in which state governments assert control over plastic regulation, often overriding local efforts to reduce waste and pollution.

Florida's Legislative Push to Expand Preemption Over Plastic Regulation

In 2008, Florida passed a statute that prohibits local governments from banning single-use plastic containers and bags. Despite efforts to repeal this restriction in 2024, the measure failed in the Senate. Now, state lawmakers are advancing a broader preemption bill that could extend state control over a wide range of disposable packaging materials.

In March 2025, the Florida House Natural Resources & Disasters Subcommittee advanced House Bill 565, sponsored by Miami-Dade Republican Rep. Omar Blanco. The bill would prevent local governments from regulating any "auxiliary container," which includes materials made from cloth, paper, plastic, aluminum, glass or postconsumer recycled content.

Supporters argue that HB 565 will prevent inconsistent local regulations, benefiting businesses and consumers. Opponents warn the bill could worsen Florida’s plastic pollution problem, which costs the state’s tourism industry roughly $7 billion annually, according to a recent report published by Florida International University. Concerns over plastic-related health risks have also emerged.

The bill continues to advance with Republican support, while a companion bill, SB 1822, awaits action in the Senate.

Montana's Parallel Battle Over Packaging Regulations

While Florida legislators push to expand state control, Montana continues to face legal challenges surrounding its own plastic regulation laws. In 2021, Montana passed House Bill 407, a "ban on bans" that prohibited local governments from regulating single-use plastics. Although a district court ruled the law unconstitutional in early 2024, the Montana Supreme Court later reinstated the ban, blocking a voter-approved plastics ban in the city of Bozeman from taking effect.

A renewed attempt to repeal HB 407 failed in the Montana House Local Government Committee in January 2025, but a separate legal challenge to the state’s "ban on bans" is currently underway. It argues that the bill is unconstitutional because it prevents cities from providing their residents with a clean and healthful environment by prohibiting single-use plastics. The outcome of this challenge could influence how other states — including Florida — proceed with similar preemption efforts.

A Growing National Trend – The Fight Over Packaging Regulations

Florida and Montana are part of a broader movement across the country. According to the December 2024 update of the Consumer Bag Legislation Summary Matrix by the Retail Compliance Center, at least 20 states have enacted laws preventing local governments from banning plastic bags and other disposable materials. While proponents claim these measures promote business consistency and consumer convenience, critics argue they prevent communities from addressing local environmental challenges.

As Florida's legislation advances and Montana's legal battle continues, the tension between state control and local environmental action is likely to remain a contentious issue in legislative chambers and courtrooms nationwide.

Legislation Monitor from Industry Intelligence Inc

With new regulations popping up faster than you can react, staying on top of an ever-shifting legislative landscape can feel impossible. Industry Intelligence's Legislation Monitor turns the chaos into clarity, offering real-time updates, expert insights and customizable alerts to help business professionals stay ahead of every shift.

With this tool, you’ll stop reacting and start strategizing. Click here to learn more about Legislation Monitor and begin an interactive demo.

Industry Intelligence Inc

Author

Recommended For You