Tennessee preempts local bans on polystyrene foam containers and other auxiliary containers under TCA 68-211-1101. Memphis cannot prohibit Styrofoam takeout containers, cups, or coolers through ordinance.
The same Tennessee preemption statute that blocks plastic bag regulation, TCA 68-211-1101, expressly covers polystyrene foam and other auxiliary containers. Memphis and Shelby County cannot adopt ordinances banning expanded polystyrene takeout containers, foam coolers, or single-use foam cups. Some Memphis institutions, including Memphis Zoo and the city's own facilities, have adopted internal procurement policies that avoid foam, but these are operational choices rather than enforceable ordinances. Restaurants and grocers are free to choose alternative materials voluntarily, and several local sustainability groups encourage businesses to switch to fiber-based or compostable containers, but the city cannot mandate the switch.
There are no local penalties for using polystyrene foam in Memphis because state preemption blocks any ordinance. Any local ban would be unenforceable under TCA 68-211-1101.
See how Memphis's polystyrene foam rules rules stack up against other locations.
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