Iowa Code 364.3(3)(c) (cities) and 331.301(6) (counties) preempt local bans or fees on polystyrene foam cups, plates, and food containers as regulated consumer merchandise.
Iowa's 2017 consumer-merchandise preemption, enacted by House File 295, bars cities (Iowa Code 364.3(3)(c)) and counties (Iowa Code 331.301(6)) from setting standards on the sale or marketing of consumer merchandise different from or in addition to state law. 'Consumer merchandise' expressly includes containers, cups, plates, clamshells, and packaging made of foamed or expanded plastic and similar materials. Iowa has no statewide ban on polystyrene food packaging, and local governments cannot enact one. Solid waste programs may still encourage recycling and waste reduction without imposing material bans.
Any local ordinance banning or taxing polystyrene food containers is void and unenforceable; affected parties may seek declaratory or injunctive relief.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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