Jackson cannot regulate takeout container materials, fees, or labeling. Mississippi Code §17-17-3 preempts municipal action on auxiliary containers, leaving Jackson restaurants free from local mandates on clamshells, cups, and to-go boxes.
Mississippi's auxiliary container preemption captures the full range of takeout packaging: clamshells, hinged boxes, paper cups, plastic cups, deli trays, and lids. Jackson cannot copy ordinances from cities like Berkeley or Seattle that mandate compostable containers, charge fees, or require recycled content. MSDH still regulates the safety and sanitation of food contact materials under the state Food Code, including temperature integrity and approved-source requirements. Jackson can address litter from discarded containers under general nuisance and antilittering provisions, and the city's MS4 stormwater permit obligations limit downstream runoff. Future change would require Mississippi Legislature action repealing or narrowing §17-17-3.
Not applicable for material or fee mandates because of state preemption. Litter and illegal dumping involving takeout containers can still be cited under general Jackson antilittering laws.
See how Jackson's takeout containers rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.