Arizona Statewide Rule
Arizona Polystyrene Foam Container Preemption
Key Facts
- Polystyrene listed among
- Polystyrene listed among preempted auxiliary containers
- Applies to cities
- Applies to cities under ARS 9-500.38 and counties under ARS 11-269.16
- Recycling encouragement is
- Recycling encouragement is allowed
- Federal restrictions are
- Federal restrictions are unaffected
Summary
Arizona preempts local bans and fees on polystyrene foam food containers as auxiliary containers under ARS 9-500.38 and ARS 11-269.16.
A. A county may not: 1. Impose a tax, fee, assessment, charge or return deposit on a consumer or an owner, operator or tenant of a business, commercial building or multifamily housing property for auxiliary containers. 2. Regulate the sale, use or disposition of auxiliary containers by an owner, operator or tenant of a business, commercial building or multifamily housing property.
Full Breakdown
Polystyrene foam clamshells, cups, and trays are categorized as auxiliary containers under state law, meaning municipalities and counties cannot ban their use, distribution, or sale. The preemption extends to taxes, fees, and recycling mandates that target specific container materials. Restaurants, grocers, and food vendors retain the choice to use polystyrene unless federal or state regulations apply. Solid waste plans may encourage reuse but cannot prohibit polystyrene packaging.
Violations & Penalties
Local polystyrene bans are void, and adopting jurisdictions risk reduced state shared revenue and litigation costs.
Frequently Asked Questions
Can a city ban polystyrene takeout containers?
Are state agencies bound by the preemption?
Sources
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