Michigan's auxiliary container preemption law, MCL 445.572b, also prevents local bans on polystyrene foam food containers.
Polystyrene foam clamshells, cups, and trays fall within the broad definition of auxiliary containers under MCL 445.572b. As a result, Michigan municipalities cannot adopt ordinances banning polystyrene foam food service ware or imposing fees on its use. Some Michigan cities have adopted voluntary phase-outs in city operations, which remain permissible because they do not regulate private commerce. State agencies may set their own procurement preferences without violating preemption.
Local polystyrene bans are unenforceable; voluntary government procurement policies remain lawful.
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See how St. Clair Shores's polystyrene foam rules rules stack up against other locations.
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