Texas Health and Safety Code section 361.0961 preempts cities and counties from regulating containers and packages, which the Texas Supreme Court Laredo case extends to polystyrene foam. Harris County cannot ban Styrofoam takeout containers. Restaurants and grocers freely use polystyrene packaging countywide.
Texas Health and Safety Code 361.0961, the Solid Waste Disposal Act preemption clause interpreted by City of Laredo v. Laredo Merchants Association (2018), bars Texas cities and counties from regulating containers and packages, including polystyrene foam. Harris County has no expanded polystyrene ordinance and is preempted from enacting one. Restaurants, school cafeterias, and grocery stores across Harris County freely use foam clamshells, cups, and trays. The Texas Restaurant Association cites the ruling whenever local proposals surface. Federal FDA rules still govern food-contact safety of polystyrene. Harris County Public Health and Engineering pursue voluntary recycling and litter education only. Some commercial recyclers accept clean expanded polystyrene from restaurants and offices.
Harris County imposes no penalty on polystyrene foam containers because the county has no ordinance and is preempted from creating one. State litter laws under Health and Safety Code chapter 365 still apply to discarded foam packaging in unincorporated areas.
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