Arkansas Code 8-9-110 preempts local regulation of polystyrene foam cups, plates, and containers as part of the auxiliary container preemption enacted by Act 879 of 2021. Cities cannot ban or tax foam packaging statewide.
Polystyrene foam food containers and cups are included in the definition of auxiliary containers under Act 879 of 2021, codified at Arkansas Code 8-9-110. Cities and counties may not prohibit, tax, or otherwise restrict the use, sale, or distribution of polystyrene foam packaging. The state reserves regulation of these containers to itself. Restaurants and retailers may continue using foam containers without local penalty. Voluntary sustainability efforts and private business decisions to switch materials remain unaffected. Solid-waste rules still apply to disposal practices.
Local ordinances banning or taxing polystyrene are void and unenforceable; affected businesses may pursue declaratory and injunctive relief in state court.
Fort Smith, AR
Swimming pools in Fort Smith must comply with the 2021 International Residential Code (Appendix G) and the Arkansas Pool Safety Act (A.C.A. 20-26-301 et seq....
Fort Smith, AR
Fort Smith's Chapter 27 UDO lists allowed residential fence materials (wood, metal tubing, wrought iron, stone, masonry, chain link, and listed vinyl/composi...
Fort Smith, AR
Fort Smith's Chapter 27 UDO does not require neighbor consent to build a fence; the owner only needs to stay on their own property and meet the city's height...
Fort Smith, AR
Fort Smith requires a building permit for any fence taller than 6 feet, issued by the Building Safety Division at 623 Garrison Avenue. Shorter fences must st...
Fort Smith, AR
Fort Smith's Unified Development Ordinance (Chapter 27, including Article 27-700 General Standards and Article 27-400 Zoning Districts) generally caps reside...
Fort Smith, AR
Fort Smith's Code of Ordinances does not impose a single fixed numerical cap on household dogs and cats, but Section 4-108 (effective July 17, 2023) requires...
See how Fort Smith's polystyrene foam rules rules stack up against other locations.
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