Kansas state law prevents cities and counties from banning or regulating polystyrene foam food service containers used by retailers and restaurants.
K.S.A. 12-16,135 defines auxiliary containers broadly to include cups, plates, clamshells, and other food service items made from polystyrene foam, plastic, or other materials. Local Kansas governments may not prohibit, restrict, or tax the use, sale, or distribution of these containers. The preemption ensures uniform rules for restaurants, grocery stores, and food vendors statewide. Federal Food and Drug Administration rules still govern food contact safety, and businesses may voluntarily switch to alternative materials.
Local foam container bans are unenforceable as preempted by Kansas state law under K.S.A. 12-16,135.
Olathe, KS
Olathe prohibits storing abandoned, inoperable, or unregistered vehicles on public streets or visible on private property. Vehicles may be tagged and towed a...
Olathe, KS
Olathe regulates electric vehicle charging infrastructure for residential and commercial properties. Building codes may require EV-ready parking in new const...
Olathe, KS
Olathe regulates overnight parking on public streets. Many areas restrict parking between certain hours or require permits for overnight street parking.
Olathe, KS
Olathe requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.
Olathe, KS
Olathe requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.
Olathe, KS
Olathe restricts or prohibits intentional feeding of wildlife including deer, coyotes, and bears. Feeding wildlife creates public safety hazards and nuisance...
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