TCA 68-211-1101 also blocks Nashville from banning expanded polystyrene foam takeout containers or coolers. Metro can encourage alternatives through its sustainability program but cannot prohibit foam at restaurants, schools, or special events.
The same 2019 Tennessee auxiliary container preemption (TCA 68-211-1101) that blocks plastic bag bans applies to expanded polystyrene foam (EPS) containers, cups, and coolers. Metro Nashville cannot prohibit foam takeout boxes at restaurants, ban foam at Metro-permitted special events, or require compostable substitutes. Livable Nashville and Metro Procurement do encourage city departments to use compostable or paper alternatives in internal contracts, and many Lower Broadway venues have voluntarily moved away from foam. Federal and state procurement preferences may apply for some Metro contracts, but no enforceable public ban exists for businesses.
There are no Metro penalties for using foam containers because state law preempts local prohibition. Businesses making false compostability claims may face state consumer protection enforcement.
See how Nashville's polystyrene foam rules rules stack up against other locations.
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