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.
West Allis, WI
Animal noise in West Allis falls under the general noise ordinance §7.035 and the city's animal ordinances. Persistent barking disturbing neighbors is subjec...
West Allis, WI
West Allis regulates noise and vibration under Municipal Code §7.035. The West Allis Health Department is the primary enforcement agency; Police Department m...
West Allis, WI
West Allis regulates amplified music under the noise ordinance. Wisconsin State Fair Park events operate under separate state permits. Residential areas near...
West Allis, WI
RV and recreational vehicle parking in West Allis residential areas is governed by city zoning code. Generally one RV per lot is permitted with setback requi...
West Allis, WI
Large commercial vehicles are restricted in West Allis residential zones under city zoning code. Contact West Allis Code Enforcement for specific requirements.
West Allis, WI
West Allis requires vehicles parked on improved surfaces. Front lawn parking prohibited. Driveway modifications require permits.
Side-by-side rule comparisons with other cities in Milwaukee County.
See how West Allis's polystyrene foam rules rules stack up against other locations.
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