ARS Section 11-269.18 also preempts Mesa from banning expanded polystyrene foam cups, plates, or takeout containers. Mesa restaurants can legally use foam clamshells, though some chains voluntarily switched to fiber alternatives.
Arizona's auxiliary container preemption statute, ARS 11-269.18, defines preempted single-use containers broadly enough to capture expanded polystyrene foam cups, plates, clamshells, and meat trays alongside plastic bags. Mesa therefore cannot adopt a foam ban like Seattle, Portland, or New York. The statute originated from 2015 SB 1241 specifically to head off local proposals. Mesa's Solid Waste Division still discourages foam in curbside recycling because it cannot be processed in commingled streams; foam goes to landfill. Maricopa County health rules still require food-contact containers to be food-grade and clean. Voluntary corporate phase-outs by major chains remain unaffected.
Mesa cannot cite restaurants for using polystyrene foam containers; only food-contact safety failures under Maricopa County health rules trigger enforcement against foam packaging.
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