Ohio Revised Code §3737.83 also blocks Cleveland from banning expanded polystyrene foam food containers, which fall under the same auxiliary-container preemption that kills plastic bag bans.
The Ohio auxiliary-container preemption in ORC §3737.83 sweeps broadly enough to cover expanded polystyrene (EPS, often called Styrofoam) takeout clamshells, cups, and trays. Cleveland — like every Ohio city — cannot ban or tax EPS food containers. Some cities tried EPS bans for municipal procurement only (city-purchased supplies), which appears to remain legal as a procurement choice rather than a regulation of private commerce. The Cleveland Sustainability Master Plan encourages compostable alternatives voluntarily. National retailers like McDonald's and Dunkin' have phased out EPS independently, but Cleveland has no enforcement authority over private foodservice packaging.
Cleveland cannot enforce a polystyrene ban against private retailers under §3737.83; only voluntary programs and city-internal procurement choices are legally available.
Cleveland, OH
Ohio Revised Code §3737.83 (enacted 2019, effective 2020) preempts Ohio cities from banning or taxing single-use plastic bags, voiding Cuyahoga County's pion...
Cleveland, OH
Plastic straw bans and on-request rules are also preempted by Ohio Revised Code §3737.83, leaving Cleveland restaurants free to distribute plastic straws abs...
See how Cleveland'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 If you notice an error or outdated information, let us know.