ARS section 9-500.38 preempts Maricopa County from banning expanded polystyrene foam cups, plates, or clamshells. Restaurants and grocers may freely use EPS foam containers, and the county limits restrictions to its own facilities through procurement policy.
The 2015 Cooler Heads Prevail Act, ARS section 9-500.38, defines auxiliary containers broadly to include plastic foam food service ware, so Maricopa County cannot ban or tax expanded polystyrene cups, plates, bowls, trays, or clamshells used by private businesses. Restaurants, food trucks, and convenience stores may continue to offer EPS foam takeout countywide. Maricopa County government has adopted internal procurement preferences that steer county facilities and contractors toward recyclable and compostable food ware, but those rules do not bind private retailers. The county Climate and Sustainability efforts set voluntary reduction goals rather than mandates. State-shared revenue penalties under ARS section 41-194.01 keep the preemption sharp.
There is no private-business penalty for using EPS foam in Maricopa County. Improper disposal in county trash or stormwater can trigger MCESD solid-waste or litter fines under county environmental code.
See how Tempe's polystyrene foam rules rules stack up against other locations.
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