Texas Health and Safety Code section 361.0961 preempts cities and counties from regulating containers and packages, which the Texas Supreme Court Laredo case extends to polystyrene foam. Dallas County cannot ban Styrofoam takeout containers. Restaurants and grocers freely use polystyrene packaging.
Texas Health and Safety Code 361.0961, the Solid Waste Disposal Act preemption clause interpreted by City of Laredo v. Laredo Merchants Association (2018), bars Texas cities and counties from regulating containers and packages, including polystyrene foam. Dallas County has no expanded polystyrene ordinance and is preempted from enacting one. Restaurants, school cafeterias, and grocery stores across Dallas County freely use foam clamshells, cups, and trays. The Texas Restaurant Association cites the ruling whenever local proposals surface. Federal FDA rules still govern food-contact safety of polystyrene. Dallas County HHS and Public Works pursue voluntary recycling and litter education only. Some commercial recyclers accept clean expanded polystyrene from restaurants and offices.
Dallas County imposes no penalty on polystyrene foam containers because the county has no ordinance and is preempted from creating one. State litter laws under Health and Safety Code chapter 365 still apply to discarded foam packaging in unincorporated areas.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
DeSoto, TX
DeSoto restricts parking of commercial vehicles in residential zoning districts. Commercial vehicles over one ton rated capacity, semi-tractors, trailers ove...
DeSoto, TX
DeSoto requires all residential swimming pools with water depths over 24 inches to be fully enclosed by a barrier at least 48 inches (4 feet) tall, per Texas...
DeSoto, TX
DeSoto generally permits wood, vinyl, wrought iron, chain link, masonry, and composite fences in residential zones, but each district has specific rules. Fro...
DeSoto, TX
DeSoto limits residential fence heights based on yard location. Fences in front yards are typically limited to 4 feet tall, while side and rear yard fences m...
DeSoto, TX
DeSoto requires fences to be structurally sound, properly installed, and maintained in good repair. Posts must be set in concrete footings of adequate depth ...
DeSoto, TX
DeSoto discourages feeding of wildlife that creates nuisance or public health concerns. Intentional feeding of feral hogs, coyotes, raccoons, and similar wil...
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See how DeSoto's polystyrene foam rules rules stack up against other locations.
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