Arizona preempts local bans and fees on polystyrene foam food containers as auxiliary containers under ARS 9-500.38 and ARS 11-269.16.
Polystyrene foam clamshells, cups, and trays are categorized as auxiliary containers under state law, meaning municipalities and counties cannot ban their use, distribution, or sale. The preemption extends to taxes, fees, and recycling mandates that target specific container materials. Restaurants, grocers, and food vendors retain the choice to use polystyrene unless federal or state regulations apply. Solid waste plans may encourage reuse but cannot prohibit polystyrene packaging.
Local polystyrene bans are void, and adopting jurisdictions risk reduced state shared revenue and litigation costs.
Oro Valley, AZ
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Oro Valley, AZ
Oro Valley regulates outdoor music under its general nuisance ordinance (Town Code Chapter 9) and through special event permit conditions. Outdoor music at r...
Oro Valley, AZ
Oro Valley regulates construction noise through its zoning code and general nuisance provisions. Construction is generally permitted Monday through Saturday ...
Oro Valley, AZ
Oro Valley regulates industrial and commercial noise through its Zoning Code Chapter 22, which establishes performance standards for noise in different zonin...
Oro Valley, AZ
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Oro Valley, AZ
Zoning Code Ch. 23 requires fences in good repair, prohibits barbed and razor wire in residential zones, and restricts electrified fences to agricultural are...
Side-by-side rule comparisons with other cities in Pima County.
See how Oro Valley's polystyrene foam rules rules stack up against other locations.
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