Kentucky's auxiliary container preemption (KRS 65.067) blocks Lexington from banning polystyrene foam takeout containers; however, LFUCG procurement policy avoids foam in city-purchased food service supplies.
KRS 65.067 preempts Kentucky cities from banning, taxing, or regulating polystyrene foam takeout containers, cups, and trays. Lexington-Fayette therefore has no foam ban, even though Imagine Lexington's sustainability section identifies foam as a litter and waste-stream problem. The city instead uses procurement policy: city departments and contracted food vendors at LFUCG events generally avoid foam in favor of recyclable or compostable alternatives. Public schools (FCPS) operate independently but have voluntarily reduced foam tray use. Voluntary retailer initiatives such as Kroger's foam phase-out apply citywide. Restaurants and grocery stores remain free under state law to use foam containers.
No city penalty applies because state preemption bars local foam regulation; only city contractors and vendors at LFUCG-permitted events face procurement-based foam restrictions.
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See how Lexington's polystyrene foam rules rules stack up against other locations.
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