Sioux Falls cannot restrict polystyrene foam containers because South Dakota state law SDCL §11-10A-1 preempts local regulation of auxiliary food and beverage containers.
The 2019 preemption statute SDCL §11-10A-1 covers not only plastic bags but also polystyrene cups, plates, and clamshell takeout containers. Sioux Falls and Minnehaha County are barred from adopting ordinances banning, taxing, or regulating these containers. Restaurants continue to use foam packaging at their discretion. Some Sioux Falls food vendors voluntarily switch to fiber or compostable alternatives for marketing reasons. State-level recycling programs do not generally accept polystyrene, so most foam still goes to the Sioux Falls regional landfill operated by the city Public Works Department.
No city violations exist for using polystyrene because the state preempts local regulation. Improper disposal as litter is enforceable under separate Chapter 80 nuisance rules.
See how Sioux Falls's polystyrene foam rules rules stack up against other locations.
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