Madison, WI Single-Use Items: Polystyrene Foam Rules (2026)
Key Facts
- Preemption
- Wis. Stat. §66.0419
- Expanded by
- 2017 Wis. Act 21
- City procurement
- Allowed
- Local mandate
- Prohibited
Summary
Wisconsin Act 21 (2018), codified at Wis. Stat. §66.0419(2)(a), expanded auxiliary-container preemption to expressly cover polystyrene foam, blocking Madison from banning foam takeout containers, cups, or coolers.
66.0419 Local regulation of auxiliary containers. (1) In this section: (a) "Auxiliary container" means a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates; and that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility. (b) "Political subdivision" means a city, village, town, or county. (2) No political subdivision may do any of the following: (a) Enact or enforce an ordinance or adopt or enforce a resolution regulating the use, disposition, or sale of auxiliary containers. (b) Prohibit or restrict auxiliary containers. (c) Impose a fee, charge, or surcharge on auxiliary containers. (3) (a) This section does not limit the authority of a political subdivision in operating a curbside recycling or commercial recycling program or an effective recycling program under s. 287.11 or in designating a recycling location. (b) Subsection (2) (b) and (c) does not apply to the use of auxiliary containers on a property owned by the political subdivision.
Full Breakdown
Wis. Stat. §66.0419 defines auxiliary containers broadly to include polystyrene foam packaging. Wis. Act 21 (2018) reinforced the preemption after several Wisconsin municipalities studied bans modeled on Minneapolis and New York City. Madison cannot prohibit foam clamshells, cups, plates, or coolers, nor charge fees on them. The city does run procurement preferences favoring compostable foodware in its own facilities and at city-permitted events, which is allowed because it operates as a market participant rather than a regulator. PHMDC and Sustainability Madison promote voluntary restaurant switches, but mandates remain off-limits absent state legislative action.
Violations & Fines
No Madison foam-ban violations exist; any attempt to enforce a local ban would be invalid under Wis. Stat. §66.0419, mirroring rulings against similar municipal preemption challenges.
Frequently Asked Questions
Can Madison ban styrofoam takeout boxes?
Are city events foam-free?
Sources & Official References
Other rules in Madison
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