Tennessee bars local bans, fees, or taxes on polystyrene foam containers under T.C.A. § 7-51-2002, which makes the state the exclusive regulator of auxiliary food and drink containers.
T.C.A. § 7-51-2001 to -2002, enacted in 2019, defines "auxiliary container" to include foam cups, plates, and clamshells and reserves their regulation to the state. Under § 7-51-2002, no county, city, or metropolitan government may ban, tax, or impose fees or restrictions on these containers. Tennessee restaurants and grocers may keep using foam packaging; the state has adopted no foam ban and no statewide recycling mandate. Voluntary reduction and recycling programs remain allowed as long as they carry no enforcement penalties.
Local foam bans are unenforceable; affected businesses can challenge ordinances and obtain injunctive relief against improper enforcement.
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