Indiana Code 36-1-3-8.6 preempts local bans or fees on polystyrene foam cups, containers, and similar auxiliary items, keeping sales uniform across all cities and counties.
IC 36-1-3-8.6 (2016) defines auxiliary containers to include polystyrene foam containers, cups, plates, and trays, and prohibits any unit from banning, taxing, or otherwise regulating their sale or distribution. Restaurants, grocers, and packaging companies can use polystyrene products statewide without a patchwork of local rules. Indiana relies on state solid waste statutes in IC 13-20 for recycling and disposal standards. Retailers may voluntarily phase out foam packaging but cannot be required to do so by ordinance.
Any local ordinance imposing fees, bans, or restrictions on polystyrene foam is unenforceable as preempted under IC 36-1-3-8.6.
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