Regulating Containers to Protect Business and Consumer Choice

Prior to task force meetings, ALEC posts these legislative member-submitted draft model policies to our website. The draft model policies are then discussed, debated, and voted on by ALEC task force members. Policies that receive final approval by legislators on the ALEC Board of Directors become official ALEC model policy. Draft model policies that fail to become official ALEC model policy are removed from the website.

Summary

The municipal level of government often is the best place to address matters of importance to local residents. In order to protect economic choices for consumers and merchants; local budgets being strained already, the cost of regulation, inspection, and enforcement should not be borne by local families, merchants, and taxpayers.

Regulating Containers to Protect Business and Consumer Choice

Section 1. {Title}

This resolution may be cited as the Regulating Containers to Protect Businesses and Consumer’s Choice Resolution.

Section 2. {Definitions}                                                                                                                                                                               

(A) Defines “containers” as: reusable bags, disposable bags, boxes, cups, and bottles that are made of cloth, paper, plastic, extruded polystyrene, or similar materials, which are designed for one-time use or for transporting merchandise or food from food and retail facilities.

Section 3. {Regulating Containers to Protect Businesses and Consumers}

  • [Insert Jurisdiction] finds that:
  • Prudent regulation of containers is crucial to the welfare of [insert state’s] economy;
  • Retail and food establishments are sensitive to the costs and regulation of containers;
  • If the individual political subdivisions of the state regulate such containers, there exists the potential for confusing and varying regulations that could lead to unnecessary increased costs for retail and food establishments to comply with such regulations; and,
  • Consumers are adversely affected by varying regulations on containers through inconsistent availability and cost of said containers from locality to locality.
  • The free market is the best arbiter of the container.

Section 3. {Severability clause}

Section 4. {Repealer clause}

Section 5. {Effective date}

 

Approved by American City County Exchange at the ALEC Annual Meeting on Thursday July 23, 2015 and Friday, July 24, 2015. Approved by ALEC Board of Directors on September 4, 2015.