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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Birmingham, AL
Birmingham City Code section 11-8-23(16) prohibits creating excessive noise within 500 feet of any school, church, court or institution of learning in use, o...
Birmingham, AL
Birmingham City Code section 11-8-23(7) bars using drums, horns, loudspeakers, amplifiers or public-address systems for commercial advertising when the sound...
Birmingham, AL
Birmingham City Code section 11-8-23 bars sounding a vehicle horn or signal device for more than 30 seconds except as a danger warning, requires effective mu...
Birmingham, AL
Birmingham's noise ordinance expressly exempts noise from the operation of the Birmingham International Airport (City Code sec. 11-8-25(3)). In-flight aircra...
Birmingham, AL
Birmingham City Code section 11-8-23(8) makes amplified sound, stereos, TVs and musical instruments a nuisance when plainly audible 50 feet from a building o...
Birmingham, AL
Birmingham requires off-street handicapped parking spaces under its 2024 Off-Street Parking ordinance, provided in accordance with the adopted International ...
See how Birmingham's polystyrene foam rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.