Polystyrene Foam Rules: Arlington vs Keller
How do polystyrene foam rules rules compare between Arlington, TX and Keller, TX?
Arlington and Keller have similar restriction levels.
Arlington, TX
Tarrant County
The same Texas Solid Waste Disposal Act analysis that preempted plastic bag bans also blocks Arlington from banning expanded polystyrene foam takeout containers used by local restaurants.
View full Arlington rules →Keller, TX
Tarrant County
Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.
View full Keller rules →Key Facts Comparison
| Fact | Arlington | Keller |
|---|---|---|
| Preempting statute | Tex. Solid Waste Disposal Act | - |
| Foam in curbside | Generally not accepted | - |
| Voluntary phase-outs | Common among chains | - |
| Food safety oversight | FDA federal | - |
| Statute | - | HSC 361.0961 |
| Reinforced By | - | HB 2127 (2023) |
| Foam Ware | - | Cannot be banned |
| State Solid Waste | - | TCEQ jurisdiction |
Highlighted rows indicate differences between cities.
Arlington FAQ
Why does my Arlington restaurant still use foam?
Foam containers remain legal in Texas. Some operators stick with foam because it is inexpensive and insulates well, while others have voluntarily switched to fiber or PET.
Can I recycle foam at city drop-off?
Arlington curbside recycling does not accept foam. Specialty drop-off events occasionally collect clean foam, and retailers like grocers sometimes accept foam egg cartons.
Keller FAQ
Can a Texas city ban styrofoam takeout containers?
No. Polystyrene container bans fall within the same preemption that invalidated plastic bag bans under Health and Safety Code 361.0961 per Texas Supreme Court precedent.
Can cities require recycling of polystyrene?
Mandatory recycling requirements directed at consumer packaging for solid waste purposes likely face preemption; voluntary programs and educational efforts remain permitted.
Does the preemption apply to public schools and government?
Government entities can adopt internal procurement preferences for their own operations, but cannot impose container restrictions on private retailers and food service businesses.
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