Arkansas Code § 14-1-104 preempts local regulation of polystyrene foam cups, plates, and containers as 'auxiliary containers' under Act 751 of 2021. Cities and counties cannot ban or tax foam food packaging.
Polystyrene foam food containers and cups are 'auxiliary containers' under Act 751 of 2021, codified at Arkansas Code § 14-1-104. A municipality or county may not restrict, tax, prohibit, or otherwise regulate the use, disposition, or sale of these containers. Restaurants and retailers may keep using foam packaging without local penalty. Local governments may still run recycling and solid-waste programs, enforce litter ordinances under the Litter Control Act, and regulate containers on their own property. Voluntary business decisions to switch materials remain unaffected.
Local ordinances banning or taxing polystyrene foam are void and unenforceable; affected businesses may seek declaratory and injunctive relief in state court.
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