Louisiana's 2020 preemption law (LA RS 33:4881) blocks New Orleans from banning polystyrene foam takeout containers. Local restaurants are encouraged but not required to switch to compostable or recyclable alternatives.
Polystyrene foam clamshells and cups were on a 2019 New Orleans City Council reduction wishlist, but LA RS 33:4881 (2020) preempted local container regulation, including foam. The statute treats polystyrene like other auxiliary containers, barring local bans, fees, and mandates. The city's Climate Action Plan and Office of Resilience and Sustainability promote voluntary alternatives, and city facilities may adopt internal procurement preferences. State sanitation rules still control food-contact safety, but no Louisiana statute bans foam takeout containers in restaurants. Some private institutions and universities have adopted voluntary phase-outs.
There are no local penalties for using foam containers, since the state preempts local bans. Restaurants only face penalties for unsafe food contact materials under LDH Sanitary Code.
See how New Orleans's polystyrene foam rules rules stack up against other locations.
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