Boise cannot ban polystyrene (Styrofoam) foam takeout containers. Idaho Code 39-7405 expressly preempts cities from regulating auxiliary containers, including expanded polystyrene cups, plates, and clamshells.
Idaho Code 39-7405's preemption of local container regulation extends beyond plastic bags to expressly cover polystyrene and other foam packaging. Numerous US cities — Portland, Seattle, San Francisco, New York — have banned polystyrene foam takeout containers due to landfill persistence and recycling difficulties, but Boise has no authority to do so. The 2016 statute was drafted to forestall the wave of foam bans spreading through West Coast cities. Boise's Climate Action Roadmap addresses building energy and transportation but cannot mandate foam alternatives. Some Boise restaurants voluntarily use compostable or recyclable alternatives, and the Boise Curb It recycling program does not accept foam in residential carts.
No municipal enforcement possible — the city cannot prohibit or fine foam container use under state preemption.
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See how Boise's polystyrene foam rules rules stack up against other locations.
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