Fargo cannot prohibit polystyrene foam takeout containers because NDCC §23.1-01-04 preempts local regulation of all disposable food containers, including foam clamshells and cups.
North Dakota's 2019 preemption statute at NDCC §23.1-01-04 covers not only plastic bags but the full range of disposable food and merchandise containers, including expanded polystyrene foam. As a result, Fargo cannot replicate ordinances seen in places like Berkeley, New York City, or Seattle that ban or restrict foam clamshells, cups, and trays. Restaurants and grocers in Fargo remain free to choose foam or alternative materials, and many have adopted paper or compostable packaging voluntarily, but the city has no authority to require any specific material or to impose fees on foam items.
Because residents and retailers face no penalty under preemption, the practical risk is to any city ordinance that would be invalid if challenged.
See how Fargo'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 If you notice an error or outdated information, let us know.