Wisconsin's auxiliary container preemption law in Statute 66.0419 prevents municipalities from banning or restricting expanded polystyrene foam takeout containers, leaving any restriction to state legislation.
Polystyrene foam food service containers fall within the broad definition of auxiliary containers under Wis. Stat. 66.0419, which preempts local regulation of bags, cups, packages, and similar items. Cities and counties cannot prohibit, restrict, label, or impose fees on polystyrene takeout containers. Wisconsin has not enacted a state-level polystyrene ban, distinguishing it from states such as Maine and New York. Federal FDA rules still govern food contact safety, and DNR solid-waste regulations apply to disposal. Restaurants and food service businesses can choose containers based on cost and customer preference without local mandate.
Local ordinances banning polystyrene containers would be void and unenforceable under 66.0419. Litigation seeking to invalidate such an ordinance could result in injunctive relief and recovery of attorney fees in some cases.
Wauwatosa, WI
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Wauwatosa, WI
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Wauwatosa, WI
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Wauwatosa, WI
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Wauwatosa, WI
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Wauwatosa, WI
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Side-by-side rule comparisons with other cities in Milwaukee County.
See how Wauwatosa's polystyrene foam rules rules stack up against other locations.
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