Albuquerque has no foam container ban; polystyrene takeout containers, cups, and packing peanuts remain legal at restaurants and retailers, with no statewide New Mexico restriction in force as of 2026.
Unlike California, New York, and several Pacific Northwest cities, New Mexico has not enacted a statewide expanded polystyrene ban for food service. Albuquerque has not adopted a local foam ordinance — the 2020 Clean & Green Retail Ordinance addressed plastic bags but did not regulate foam containers. Restaurants, food trucks, and grocers may continue using polystyrene clamshells, cups, and trays. Albuquerque Solid Waste does not accept polystyrene in curbside recycling, and large foam pieces should be brought to the Convenience Center. Voluntary plastic-reduction efforts are encouraged through the city Sustainability Office and Climate Action Plan.
There is no Albuquerque or NM penalty for using polystyrene, but improper disposal as litter triggers solid-waste fines and stormwater enforcement under city ordinances.
Albuquerque, NM
Albuquerque's 2020 single-use plastic bag ban was repealed in 2022, and New Mexico has no statewide bag law, so retailers may currently provide thin plastic ...
Albuquerque, NM
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See how Albuquerque's polystyrene foam rules rules stack up against other locations.
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