Missouri Mo. §260.288 preempts local bans on auxiliary containers, including polystyrene foam foodware. St. Louis cannot prohibit foam cups, plates, or clamshells through city ordinance.
Missouri's auxiliary-container preemption statute (Mo. §260.288) bars local governments from regulating, prohibiting, or taxing single-use containers and packaging, which Missouri courts and state guidance have read to include polystyrene foam (commonly trademarked as Styrofoam) cups, plates, and takeout clamshells. St. Louis has discussed foam ordinances historically but cannot enforce them under current state law. The city encourages voluntary alternatives through the Sustainability Office, hosts compostable foodware vendor information, and offers waste-diversion technical assistance to restaurants. Litter from foam packaging is still actionable under general dumping and litter provisions of Title XX.
There is no enforceable city polystyrene ban. Retailers using foam containers do not face local penalty for material choice alone.
See how St. Louis's polystyrene foam rules rules stack up against other locations.
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