Texas Health and Safety Code Section 361.0961 preempts municipal regulation of foam food containers as solid waste. Houston has no polystyrene ban and cannot lawfully prohibit expanded polystyrene cups, plates, or takeout containers.
The 2018 Laredo Merchants decision interpreting Texas Health and Safety Code Section 361.0961 preempts Houston 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 Houston cannot. Houston restaurants, grocery stores, and food service businesses freely distribute polystyrene cups, clamshells, plates, and trays. The Houston Health Department promotes voluntary reduction through education, and the city's Solid Waste Management Department offers some 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.
No Houston ordinance restricts polystyrene foam containers; businesses face no fines or compliance obligations. State preemption blocks city enforcement of any foam container regulation.
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See how Houston's polystyrene foam rules rules stack up against other locations.
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