Birmingham cannot ban or restrict polystyrene foam takeout containers because the same 2019 Alabama auxiliary-container preemption (AL Code 22-22B-1) covers foam cups, plates, and clamshells alongside plastic bags.
AL Code 22-22B-1 defines auxiliary containers to include reusable and single-use receptacles made of cloth, paper, plastic, foamed plastic, extruded polystyrene, fiber, or similar materials. Birmingham therefore lacks authority to require compostable alternatives, ban Styrofoam, or fee polystyrene takeout containers. Restaurants may voluntarily switch to paper or fiber containers, and the city's procurement office may purchase non-foam containers for city operations. State litter laws and Birmingham's anti-litter ordinance under Title 10 apply to discarded foam, but the material itself cannot be banned at the city level under current state preemption.
No local polystyrene penalties apply to restaurants or consumers. Littering foam containers in Birmingham parks, streets, or waterways remains punishable under Title 10 littering provisions and AL state litter law.
Birmingham, AL
Alabama Code Section 22-22B-1, enacted in 2019, prohibits Birmingham and every other Alabama municipality from regulating, taxing, or banning single-use plas...
Birmingham, AL
Alabama's 2019 auxiliary container preemption blocks Birmingham from regulating the materials used for takeout food containers, leaving restaurants free to u...
See how Birmingham's polystyrene foam rules rules stack up against other locations.
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