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Dallas County, TX Single-Use Items: Polystyrene Foam Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Preemption statute
TX H&S 361.0961
Controlling case
Laredo v. Laredo Merchants 2018
County ordinance
None enacted
Recycling
Voluntary commercial programs

Summary

Texas Health and Safety Code section 361.0961 preempts cities and counties from regulating containers and packages, which the Texas Supreme Court Laredo case extends to polystyrene foam. Dallas County cannot ban Styrofoam takeout containers. Restaurants and grocers freely use polystyrene packaging.

City-specific rules exist: Dallas has its own polystyrene foam rules rules that differ from Dallas County's county-level regulations. If you live in Dallas, check the city-specific page instead.

Sec. 361.0961. RESTRICTIONS ON AUTHORITY OF LOCAL GOVERNMENT OR OTHER POLITICAL SUBDIVISION. (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law; (2) prohibit or restrict the processing of solid waste by a solid waste facility, except for a solid waste facility owned by the local government, permitted by the commission for that purpose in a manner not authorized by state law; or (3) assess a fee or deposit on the sale or use of a container or package.

Source: TX H&S Code 361.0961View official code

Full Breakdown

Texas Health and Safety Code 361.0961, the Solid Waste Disposal Act preemption clause interpreted by City of Laredo v. Laredo Merchants Association (2018), bars Texas cities and counties from regulating containers and packages, including polystyrene foam. Dallas County has no expanded polystyrene ordinance and is preempted from enacting one. Restaurants, school cafeterias, and grocery stores across Dallas County freely use foam clamshells, cups, and trays. The Texas Restaurant Association cites the ruling whenever local proposals surface. Federal FDA rules still govern food-contact safety of polystyrene. Dallas County HHS and Public Works pursue voluntary recycling and litter education only. Some commercial recyclers accept clean expanded polystyrene from restaurants and offices.

Violations & Fines

Dallas County imposes no penalty on polystyrene foam containers because the county has no ordinance and is preempted from creating one. State litter laws under Health and Safety Code chapter 365 still apply to discarded foam packaging in unincorporated areas.

Frequently Asked Questions

Can Dallas County ban polystyrene foam takeout containers?
No. Texas Health and Safety Code 361.0961, as construed in the 2018 Laredo Supreme Court decision, preempts city and county container regulation including polystyrene. The county cannot legally ban foam packaging.
Where can I recycle Styrofoam in Dallas County?
Curbside programs do not accept it, but several private recyclers and Home Depot drop-off locations process clean expanded polystyrene. The Dallas County Master Composter program publishes occasional guidance on alternatives.

Sources & Official References

Other rules in Dallas County

All Dallas County rules

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Polystyrene Foam Rules in Cities Across Dallas County