ARS §11-269.18 also bars Tucson from banning polystyrene foam takeout containers, leaving control of expanded polystyrene foodware to retailer and restaurant choice rather than municipal regulation.
Expanded polystyrene foam clamshells, cups, and trays are categorized as auxiliary containers under ARS §11-269.18 and therefore cannot be banned by Tucson, Pima County, or any Arizona municipality. Some Tucson restaurants voluntarily switch to compostable, paper, or aluminum alternatives, and the City of Tucson Environmental Services promotes such transitions through outreach. State universities including the University of Arizona may impose internal procurement policies that effectively reduce campus foam use. A statewide ban would require legislative action. Repeal proposals appear periodically but have not advanced through the Arizona Legislature.
There is no local penalty available because the city cannot enforce a ban. Voluntary commitments are unenforceable except through private contracts or franchise standards.
See how Tucson's polystyrene foam rules rules stack up against other locations.
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