Atlanta cannot ban polystyrene foam takeout containers because Georgia HB 757 (OCGA 32-2-405) preempts local regulation of auxiliary containers. The city promotes voluntary alternatives in its own facilities.
Polystyrene foam takeout containers, often called by the brand name Styrofoam, fall under the auxiliary container category preempted by Georgia HB 757 (2018), codified at OCGA Title 32 Chapter 2 Section 405. Atlanta cannot enact a foam ban for restaurants, food trucks, or retailers. The city has instead used procurement policy to phase polystyrene out of meals served in city-operated facilities and Hartsfield-Jackson concessions where feasible, and supports voluntary recycling pilots through the Office of Resilience and Sustainability and the ATL2050 plan.
There are no city-level penalties for using foam, since Atlanta cannot regulate it. Any local ordinance banning polystyrene at retail would be preempted and unenforceable under state law and likely challenged in court.
Atlanta, GA
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See how Atlanta's polystyrene foam rules rules stack up against other locations.
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