Texas state law preempts local bans on expanded polystyrene foam containers under the same Solid Waste Disposal Act preemption that ended plastic bag bans, so Frisco cannot prohibit foam clamshells used by restaurants and food trucks.
Health and Safety Code §361.0961, as interpreted in City of Laredo v. Laredo Merchants Association (2018), bars Texas cities and counties from prohibiting or restricting the sale or use of containers based on the material from which they are made. That language reaches expanded polystyrene foam clamshells, cups, and plates as well as plastic bags. Frisco has not attempted such a ban. Some Frisco restaurants and corporate cafeterias voluntarily switch to fiber or PLA-based packaging for sustainability programs, but the city cannot mandate the change. Litter and improper disposal remain enforceable under separate solid waste rules.
There is no Frisco polystyrene ordinance to violate. Any local enforcement would face immediate legal challenge under HSC §361.0961 and the Laredo Merchants precedent and likely be invalidated.
See how other cities in Collin County handle polystyrene foam rules.
See how Frisco's polystyrene foam rules rules stack up against other locations.
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