Cincinnati cannot ban expanded polystyrene foam containers because Ohio Revised Code 3737.83 preempts municipal restrictions on auxiliary containers. The city addresses foam waste only through voluntary city procurement and education programs.
Like plastic bag bans, any Cincinnati attempt to prohibit expanded polystyrene foam takeout containers, foam cups, or foam coolers would be preempted under Ohio Revised Code Section 3737.83, which broadly bars local taxes, fees, or bans on auxiliary containers. Cincinnati has therefore relied on procurement policies for city facilities and contracted events to avoid foam, alongside education campaigns under the Green Cincinnati Plan. Restaurants and retailers remain free to use polystyrene unless their state or federal supplier contracts say otherwise. State preemption was first enacted in 2019 and continues, though policy advocates have asked the General Assembly to revisit the issue.
No local violations exist because Cincinnati cannot enforce a foam ban; any such ordinance would be invalid under ORC 3737.83 and unenforceable against businesses operating in the city.
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See how Cincinnati's polystyrene foam rules rules stack up against other locations.
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