Does Orlando, FL have its own polystyrene foam rules ordinance?

No. Orlando, FL does not appear to have a local polystyrene foam rules ordinance, Florida state law applies instead. The rules summarized on this page come from FL Statute §500.90.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Orlando

Orlando, FL Single-Use Items: Polystyrene Foam Rules (2026)

Few Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Local foam ban: Preempted statewide
Authority: FL §500.90
Grandfather: Pre-2016 ordinances only
City option: Voluntary outreach

Summary

Florida Statute Section 500.90 prohibits Orlando and every Florida municipality from regulating expanded polystyrene food containers, foam coolers, or coffee cups, with limited grandfather exceptions for ordinances enacted before January 1, 2016.

The regulation of the use or sale of polystyrene products by entities regulated under this chapter is preempted to the department. This preemption does not apply to local ordinances or provisions thereof enacted before January 1, 2016, and does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services, unless such use is otherwise preempted by law.

Source: FL Statute §500.90View official code

Full Breakdown

FL §500.90 was enacted in 2016 to block the wave of foam-container bans then spreading through Florida coastal cities. The statute prohibits local governments from adopting any ordinance regulating polystyrene products used in connection with food packaging, with a narrow grandfather clause for pre-2016 local rules. Orlando never enacted a foam ban, so it cannot do so now without state authorization. Orlando theme parks, restaurants, and the convention district can use foam takeout containers freely. The city encourages voluntary alternatives via business sustainability outreach and the Mayor's Office of Sustainability and Resilience, but cannot mandate paper, fiber, or compostable substitutes.

Violations & Fines

Orlando cannot enforce any local polystyrene ban or restriction on foam food packaging. Local rules face preemption challenges under FL §500.90.

Frequently Asked Questions

Can Orlando require restaurants to use compostable takeout containers?

No. Florida preempts local regulation of polystyrene food packaging. Orlando can encourage but not mandate alternatives to foam cups, clamshells, or coolers.

Are any Florida cities exempt from the foam preemption?

Only municipalities with polystyrene ordinances on the books before January 1, 2016 are grandfathered. Most Florida cities including Orlando are barred from new foam rules.

Sources & Official References

[1]FL §500.90 Polystyrene Preemption

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All Orlando rules

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