Oklahoma preempts local restrictions on polystyrene foam food containers and similar packaging, treating them as auxiliary containers under statewide regulatory authority.
The state's auxiliary container preemption statute, 27A O.S. 2-11-201.1, expressly includes foam and polystyrene packaging within the definition of containers cities cannot regulate. Restaurants, retailers, and manufacturers may continue using expanded polystyrene clamshells, cups, and trays without local fees or bans. Federal labeling and food contact rules from the FDA remain enforceable, and the state retains authority to address recyclability standards or solid waste handling at the statewide level.
A municipal ordinance banning or taxing polystyrene foam packaging would be preempted and could be challenged in court as unenforceable.
Jenks, OK
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Side-by-side rule comparisons with other cities in Tulsa County.
See how Jenks's polystyrene foam rules rules stack up against other locations.
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