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Senate Bill 1126/House Bill 1641

The one that keeps local communities from regulating single-use containers

SB 738 Florida

What it says

"Regulation of Auxiliary Containers"

HB 1641 introduced by Representative Yeager:

The bill pre-empts any regulation on auxiliary containers, and defines “auxiliary container” to mean a reusable or single-use bag, cup, bottle, can, or other packaging that is made of cloth; paper; plastic, including, but not limited to, foamed plastic, expanded plastic, or polystyrene; cardboard; corrugated material; molded fiber; aluminum; glass; post consumer recycled material; or similar material or substrates, including coated, laminated, or multilayer substrates and is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a public food service establishment, a food establishment, or a retailer.


Our Take

These bills would take away local governments’ home rule and ability to regulate any single-use or reusable cup, bottle, bag, or other packaging designed for transporting, consuming, or protecting merchandise, food, or beverages from a retail or food establishment. 

The bill would impact rules already in place to protect waterways within state parks like the Ichetucknee River, Rainbow River, and Weeki Wachee River as well as many coastal communities. 

These bills are in direct contradiction to two state-funded studies about regulating trash and, if passed, it will result in more trash ending up in our local waterways. 

Plastic pollution impacts Florida’s rivers and coasts, harms wildlife, and contaminates our drinking water. Last year, nearly 75% of the trash collected out of North Central Florida’s waterways were single-used plastics, which could no longer be regulated if this bill becomes law.





  • 1/16: Commerce and Tourism - passed 4 YEAS, 0 NAYS

  • 2/6: Community Affairs - Temporarily Postponed

  • Fiscal Policy


  • 1/24: Agriculture, Conservation & Resiliency Subcommittee - passed 11 YEAS, 7 NAYS

  • 2/14: State Affairs Committee - temporarily postponed

  • Infrastructure Strategies Committee

These bills did NOT pass.


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