Idaho Code 67-7401 preempts local regulation of polystyrene foam food containers and similar packaging, treating polystyrene as an auxiliary container subject to the 2016 statewide preemption law.
Polystyrene foam clamshells, cups, and trays are auxiliary containers under Idaho Code 67-7401, the same statute that preempts plastic-bag regulation. Cities and counties may not ban, restrict, tax, or impose fees on polystyrene food service ware. Restaurants, grocery stores, and food vendors throughout Idaho may continue using foam takeout containers without facing local prohibitions. The statute lists materials including plastic, paper, cardboard, aluminum, cloth, and glass, broadly capturing rigid and foamed plastics. Idaho has not separately addressed polystyrene at the state level; recycling and disposal remain governed by general solid-waste rules in Idaho Code Title 39 Chapter 74. Federal restrictions on certain expanded polystyrene products do not apply broadly.
Any city ordinance banning polystyrene containers is void. Affected retailers and food vendors may seek injunctive relief and challenge enforcement actions.
See how Pocatello's polystyrene foam rules rules stack up against other locations.
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