Florida Statute §500.90 preempts any local ban on expanded polystyrene foam containers. Tampa cannot prohibit Styrofoam takeout containers or coolers. The preemption was strengthened in 2016 after Coral Gables and other municipal bans.
FL §500.90 specifically preempts municipal regulation of polystyrene products used by retail food establishments. The statute was passed in 2016 in direct response to local foam bans (notably Coral Gables, which faced litigation). Tampa cannot ban or restrict the sale, distribution, or use of expanded polystyrene takeout containers, cups, or coolers. The preemption is broader than the plastic bag preemption — it does not even include a study or sunset provision. State agencies may still regulate polystyrene under environmental rules (litter, marine debris), but local Tampa law cannot. Restaurants and retailers may voluntarily choose alternatives. Hillsborough County beach cleanup data shows polystyrene foam among the most-collected items along Tampa Bay.
No Tampa ordinance can validly penalize polystyrene use. State litter laws (FL §403.413) apply to improper disposal, with fines up to $500 for residential litter.
See how Tampa's polystyrene foam rules rules stack up against other locations.
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