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.
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See how Gulfport's polystyrene foam rules rules stack up against other locations.
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