Arlington, TX Single-Use Items: Polystyrene Foam Rules (2026)
Key Facts
- Preempting statute
- Tex. Solid Waste Disposal Act
- Foam in curbside
- Generally not accepted
- Voluntary phase-outs
- Common among chains
- Food safety oversight
- FDA federal
Summary
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.
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law; (2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or (3) assess a fee or deposit on the sale or use of a container or package.
Full Breakdown
After Laredo Merchants Association v. Laredo (2018), the Texas Solid Waste Disposal Act is read to preempt local restrictions on the sale or use of containers for solid waste management purposes. Arlington therefore cannot ban polystyrene foam clamshells, cups, or coolers. Stadium concessionaires at AT&T Stadium and Globe Life Field, plus restaurant chains, often phase out foam voluntarily because of corporate sustainability goals. Tarrant County Public Health does not regulate foam packaging for environmental reasons; food-contact safety is governed by federal FDA rules. Recycling foam is difficult; most Arlington curbside programs do not accept it.
Violations & Fines
No local penalties may be imposed; any Arlington foam-ban ordinance would be unenforceable under state preemption.
Frequently Asked Questions
Why does my Arlington restaurant still use foam?
Can I recycle foam at city drop-off?
Sources & Official References
Other rules in Arlington
Texas rules heatmap·Compare Arlington to another location·View the Texas single-use items overview
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Polystyrene Foam Rules in Nearby Cities
How other cities in Tarrant County handle polystyrene foam rules.