Polystyrene foam container regulation in Charleston is preempted by South Carolina §44-96-180. The City of Charleston has no foam ban; restaurants and retailers may use expanded polystyrene takeout containers without restriction.
South Carolina's 2020 auxiliary container preemption statute (SC §44-96-180) explicitly covers expanded polystyrene foam alongside plastic bags, cups, and bottles. Restaurants, food trucks, and grocers in Charleston may distribute foam takeout boxes, cups, and trays freely. Surfside Beach and several other municipalities had pre-2020 foam bans grandfathered in. Charleston County has a foam ban for county facilities only (procurement-style restriction), which is permitted under preemption because it limits county purchasing rather than private commerce; private businesses inside Charleston city are unrestricted.
Distributing polystyrene foam containers carries no city violation in Charleston; only Charleston County facility procurement is restricted, with internal county compliance only.
Charleston, SC
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Charleston, SC
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See how Charleston's polystyrene foam rules rules stack up against other locations.
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