Polystyrene Foam Rules: Fort Worth vs Keller
How do polystyrene foam rules rules compare between Fort Worth, TX and Keller, TX?
Fort Worth and Keller have similar restriction levels.
Fort Worth, TX
Tarrant County
Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Fort Worth has no polystyrene ban and cannot lawfully prohibit expanded polystyrene cups, plates, or takeout containers.
View full Fort Worth 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 | Fort Worth | Keller |
|---|---|---|
| Preempting Statute | Texas H&S Code Sec. 361.0961 | - |
| Controlling Case | Laredo Merchants 2018 | - |
| Fort Worth Rule | No foam container restrictions | - |
| Recycling | Limited drop-off available | - |
| 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.
Fort Worth FAQ
Are Styrofoam containers legal in Fort Worth restaurants?
Yes. Fort Worth has no polystyrene foam container ban or restriction. Texas state law preempts local regulation, so restaurants and food vendors freely use expanded polystyrene cups and clamshells.
Can I recycle polystyrene foam in Fort Worth?
Curbside recycling does not accept foam, but Fort Worth Solid Waste Services offers limited drop-off recycling for clean expanded polystyrene at the Environmental Collection Center on Hemphill Street.
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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