Utah Code 11-39-110 prevents local bans on polystyrene foam food containers by classifying them as preempted auxiliary containers under state law.
Section 11-39-110 includes polystyrene foam cups, plates, and clamshell containers within its broad auxiliary container preemption. Utah municipalities cannot prohibit retailers or restaurants from using foam packaging or impose fees based on container material. Solid waste management programs remain available to local governments, but they cannot single out specific container types for prohibition. The preemption applies to municipal corporations, counties, and special service districts. Restaurants and food service businesses operate under uniform statewide standards, simplifying compliance and reducing the risk of conflicting local foam-related rules.
Local foam container bans are void; affected businesses may seek declaratory or injunctive relief against enforcement of conflicting ordinances.
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