Fort Worth, TX Single-Use Items: Polystyrene Foam Rules (2026)
Key Facts
- Preempting Statute
- Texas H&S Code Sec. 361.0961
- Controlling Case
- Laredo Merchants 2018
- Fort Worth Rule
- No foam container restrictions
- Recycling
- Limited drop-off available
Summary
Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Fort Worth has no polystyrene ban and cannot lawfully prohibit expanded polystyrene cups, plates, or takeout containers.
Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to:(1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law;(2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or(3) assess a fee or deposit on the sale or use of a container or package.
Full Breakdown
The 2018 Laredo Merchants decision interpreting Texas Health and Safety Code Section 361.0961 preempts Fort Worth from regulating expanded polystyrene foam (often called Styrofoam) as a solid waste container. While cities like New York, San Francisco, and Maine adopted polystyrene foam container bans, Texas cities including Fort Worth cannot. Fort Worth restaurants, grocery stores, Stockyards food vendors, and food service businesses freely distribute polystyrene cups, clamshells, plates, and trays. The Fort Worth Environmental Quality Division promotes voluntary reduction through education, and the city's Solid Waste Services Department offers limited recycling drop-off for clean expanded polystyrene blocks. No fees or restrictions apply to commercial use. Future regulation would require Texas legislative action to remove the preemption barrier.
Violations & Fines
No Fort Worth ordinance restricts polystyrene foam containers; businesses face no fines or compliance obligations. State preemption blocks city enforcement of any foam container regulation citywide.
Frequently Asked Questions
Are Styrofoam containers legal in Fort Worth restaurants?
Can I recycle polystyrene foam in Fort Worth?
Sources & Official References
Other rules in Fort Worth
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Polystyrene Foam Rules in Nearby Cities
How other cities in Tarrant County handle polystyrene foam rules.