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.
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.
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.
See how Madison's polystyrene foam rules rules stack up against other locations.
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