Polystyrene foam containers fall under Alabama Code Section 11-89C-10 auxiliary container preemption, blocking local bans on foam cups, plates, and takeout containers.
Code of Alabama Section 11-89C-10 defines auxiliary containers broadly to include cups, bottles, packaging, and similar items used for consumer goods. Polystyrene foam takeout containers, foam cups, and clamshell packaging are encompassed within the preemption. Cities and counties cannot ban or impose fees on polystyrene products. The 2019 law was passed amid concerns over a patchwork of local environmental ordinances. Retailers may continue using foam products statewide without local regulatory burden, though voluntary phase-outs are common.
Local bans or fees on polystyrene foam containers are void under state preemption law.
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See how Montgomery's polystyrene foam rules rules stack up against other locations.
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