Mississippi's auxiliary container preemption in Miss. Code Section 17-2-3 prevents local governments from banning or regulating polystyrene foam cups, plates, and food packaging.
Polystyrene foam containers fall within the broad definition of auxiliary containers under Miss. Code Section 17-2-3, which captures cups, bowls, plates, trays, cartons, and other food and beverage containers regardless of material. Because the statute prohibits local regulation, prohibition, taxation, or fees on these items, Mississippi cities and counties cannot adopt foam-container bans or surcharges. The statewide approach favors uniform commercial rules over piecemeal environmental ordinances. Statewide solid-waste rules and federal food-safety standards continue to apply, but cities lack authority to require alternatives to expanded polystyrene foam at restaurants, retailers, or government facilities.
Municipal foam bans or fees are void; the state's preemption framework supports challenges to any conflicting local rule.
Gautier, MS
Gautier enforces quiet hours generally from 10 PM to 7 AM under local municipal ordinances authorized by MS Code Ann. §21-19-1 general police powers.
Gautier, MS
Gautier addresses barking dogs as a public nuisance under local animal control ordinances. Continuous or excessive barking complaints are handled through ani...
Gautier, MS
Gautier regulates amplified music and outdoor sound systems through local noise ordinances. Amplified sound is generally restricted during quiet hours from 1...
Gautier, MS
Gautier regulates leaf blower use primarily through general noise ordinance hours. Mississippi municipalities generally allow gas and electric blowers during...
Gautier, MS
Gautier limits construction noise to daytime hours, typically 7 AM to 7 PM weekdays and 8 AM to 5 PM Saturdays, under local building and noise ordinances.
Gautier, MS
Gautier allows boat and RV storage on residential properties consistent with the Gulf Coast fishing lifestyle. Boat trailers are common given the city's acce...
See how Gautier's polystyrene foam rules rules stack up against other locations.
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