ARS section 9-500.38 preempts Phoenix from banning expanded polystyrene foam cups, plates, or clamshells. Restaurants and grocers may freely use EPS foam containers, and the city limits restrictions to its own facilities through procurement policy.
The 2015 Cooler Heads Prevail Act, ARS section 9-500.38, defines auxiliary containers broadly to include plastic foam food service ware, so Phoenix cannot ban or tax expanded polystyrene cups, plates, bowls, trays, or clamshells used by private businesses. Restaurants, food trucks, and convenience stores may continue to offer EPS foam takeout. Phoenix Public Works has adopted internal procurement preferences that steer city facilities and contractors toward recyclable and compostable food ware, but those rules do not bind private retailers. The 2023 Phoenix Climate Action Plan likewise sets voluntary reduction goals rather than mandates. State-shared revenue penalties under ARS section 41-194.01 keep the preemption sharp.
There is no private-business penalty for using EPS foam in Phoenix. Improper disposal in city trash or stormwater can trigger Phoenix City Code chapter 31 solid-waste or litter fines.
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