Four plastic bag firms challenge Dallas' five cent bag fees

AUSTIN (Scrap Monster): Four plastic bag companies have challenged the city of Dallas over its recent ordinance to impose five-cent fees on single-use plastic bags. According to the petition filed by Hilex Poly Co., Superbag Operating Ltd., The Inteplast Group and Advance Polybag Inc. (API), the city ordinance to charge fees on plastic bags conflicts with the Texas state law.

According to the companies, City Ordinance 29307 does not concur with Texas Statutes and the Texas Constitution. Despite being aware of the fact that the ordinance violated the Texas Health and Safety code, the City administration had gone ahead and enacted the ordinance. Due to its conflicts with the State law, the ordinance preempted, invalid and of no force or effect, stated the petitioners. Furthermore, the ordinance would lead to higher costs for City residents and retailers, they noted.

Meantime, the City of Dallas expressed its disappointment over the lawsuit filed by the four companies. It noted that the lead plaintiff, Hilex Poly Co. had supported the fee-based option during the time when the city had considered the ordinance.

As per the City ordinance, customers at retail outlets would have to pay 5 cents for paper or plastic bags if they forget to bring their own reusable bags. The retailers are allowed to keep 10% of the income generated, whereas 90% goes to the City.

The Dallas City has also banned single-use bags from all facilities and properties. The events conducted in the City are also prohibited from use of single-use plastic bags. As per the ordinance, restaurants are excluded from the ban. Also, bags for dry-cleaning, pet-waste and prescriptions are exempt from the ban.