Delray Beach, FL Single-Use Items: Polystyrene Foam Rules (2026)

Few Restrictions

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Florida state rule: Delray Beach does not have a local ordinance for polystyrene foam rules. This topic is governed by Florida state law and applies uniformly across the state.

Summary

Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.

Full Breakdown

Section 500.90, Florida Statutes, expressly preempts the use or sale of polystyrene products by entities regulated under Chapter 500 (the Florida Food Safety Act) to the state. The Legislature later expanded the prohibition: any local ordinance or regulation regarding polystyrene products is null and void. Cities and counties cannot prohibit restaurants, food service establishments, or retailers from using or selling expanded polystyrene foam containers. State environmental regulation continues under Chapter 403 for solid waste handling, but product-level bans are reserved to the Legislature, which has not enacted a statewide ban.

Frequently Asked Questions

Can a Florida city ban Styrofoam food containers?

No. FS 500.90 preempts local regulation of polystyrene products, voiding any city or county ban on foam containers.

Did any Florida city try a polystyrene ban?

Yes. Beach communities and others passed bans, but state preemption invalidated their enforcement against regulated food establishments.

Is there a statewide ban coming?

Not currently. The Legislature has reserved authority but has not enacted a statewide ban on polystyrene products.

Delray Beach, FL Single-Use Items: Polystyrene Foam Rules (2026)

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