Iowa Code 455B.485 preempts local bans or fees on polystyrene foam cups, plates, and food containers as auxiliary containers.
Iowa's auxiliary container preemption statute, Iowa Code section 455B.485, expressly prevents cities and counties from regulating polystyrene foam containers used for transporting merchandise, food, or beverages. The 2017 statute defines auxiliary containers broadly to include cups, plates, clamshells, and packaging made of any material. Iowa has no statewide ban on expanded polystyrene food packaging, and local governments lack authority to enact one. Solid waste programs may continue to encourage recycling and waste reduction without imposing material bans.
Any local ordinance banning polystyrene food containers is unenforceable; suits to enjoin enforcement are available.
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See how Iowa City's polystyrene foam rules rules stack up against other locations.
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