Oklahoma City cannot ban polystyrene foam takeout containers. Oklahoma's auxiliary-container preemption statute, 11 O.S. §22-101.1, enacted by SB 1112 (2019), bars local taxes, fees, and bans on plastic, paper, and foam packaging used by retailers and food establishments.
Polystyrene foam containers are widely used for takeout food and beverage cups. Cities like New York and San Francisco have banned them, but Oklahoma's SB 1112 (2019), codified at 11 O.S. §22-101.1, prohibits Oklahoma City and other Oklahoma cities from doing the same. The statute defines auxiliary containers broadly to cover bags, cups, bottles, and packages made of cloth, paper, plastic, foamed plastic, or similar materials. OKC can encourage voluntary alternatives, run education campaigns, and procure compostable products for city operations, but it cannot mandate that private restaurants or retailers stop using foam. Any contrary ordinance would be unenforceable.
OKC cannot cite a restaurant for using foam containers. Conversely, a city ordinance trying to ban foam would be invalidated under the state preemption statute if challenged.
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See how Oklahoma City's polystyrene foam rules rules stack up against other locations.
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