Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.
Section 500.90, Florida Statutes, expressly preempts the use or sale of polystyrene products by entities regulated under Chapter 500 (the Florida Food Safety Act) to the state. The Legislature later expanded the prohibition: any local ordinance or regulation regarding polystyrene products is null and void. Cities and counties cannot prohibit restaurants, food service establishments, or retailers from using or selling expanded polystyrene foam containers. State environmental regulation continues under Chapter 403 for solid waste handling, but product-level bans are reserved to the Legislature, which has not enacted a statewide ban.
Local polystyrene bans are void; affected food establishments may seek declaratory and injunctive relief against enforcement.
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