Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.
Section 500.90, Florida Statutes, expressly preempts the use or sale of polystyrene products by entities regulated under Chapter 500 (the Florida Food Safety Act) to the state. The Legislature later expanded the prohibition: any local ordinance or regulation regarding polystyrene products is null and void. Cities and counties cannot prohibit restaurants, food service establishments, or retailers from using or selling expanded polystyrene foam containers. State environmental regulation continues under Chapter 403 for solid waste handling, but product-level bans are reserved to the Legislature, which has not enacted a statewide ban.
Local polystyrene bans are void; affected food establishments may seek declaratory and injunctive relief against enforcement.
Melbourne, FL
Melbourne Code of Ordinances Chapter 26, Article II (Noise and Vibration Control, Sec. 26-19 et seq.) prohibits noise that disturbs the quiet and repose of p...
Melbourne, FL
Melbourne limits construction noise to designated daytime hours. Construction work in residential areas is generally permitted 7 AM to 6 PM on weekdays with ...
Melbourne, FL
Melbourne Code Chapter 26 prohibits the keeping of any animal or bird that causes frequent or long-continued noise disturbing the comfort and repose of perso...
Melbourne, FL
Melbourne regulates street parking through its Code of Ordinances. Downtown Melbourne and the Eau Gallie Arts District have time-limited parking. Residential...
Melbourne, FL
Melbourne restricts commercial vehicle parking in residential zoning districts. Commercial vehicles and equipment storage is regulated to maintain neighborho...
Melbourne, FL
Melbourne requires vehicles to be parked on approved surfaces in residential areas. Parking on grass or unpaved areas is prohibited. The zoning code under Ap...
See how Melbourne's polystyrene foam rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.