Kentucky's KRS §65.067 preempts local bans on polystyrene foam takeout containers. Louisville Metro cannot prohibit foam cups or clamshells, though state and federal solid-waste rules still apply to disposal.
Polystyrene (often branded Styrofoam) takeout containers, cups, and clamshells fall within the KRS §65.067 definition of auxiliary containers. Louisville Metro cannot ban polystyrene at restaurants or retailers, nor impose a per-item fee. Disposal still falls under state solid-waste rules and Louisville Metro Code Chapter 51 (Solid Waste). Polystyrene is not collected curbside in Louisville's single-stream recycling. Some Metro facilities have voluntarily switched to compostable containers, but private operators retain discretion. Advocacy groups continue to seek a state-level repeal of preemption.
No local ban exists, so there are no Louisville penalties for using polystyrene; ordinary littering and illegal dumping rules under Chapter 51 still apply to careless disposal.
See how Louisville's polystyrene foam rules rules stack up against other locations.
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