Arizona preempts local bans and fees on polystyrene foam food containers as auxiliary containers under ARS 9-500.38 and ARS 11-269.16.
Polystyrene foam clamshells, cups, and trays are categorized as auxiliary containers under state law, meaning municipalities and counties cannot ban their use, distribution, or sale. The preemption extends to taxes, fees, and recycling mandates that target specific container materials. Restaurants, grocers, and food vendors retain the choice to use polystyrene unless federal or state regulations apply. Solid waste plans may encourage reuse but cannot prohibit polystyrene packaging.
Local polystyrene bans are void, and adopting jurisdictions risk reduced state shared revenue and litigation costs.
See how Lake Havasu City's polystyrene foam rules rules stack up against other locations.
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