Arkansas Polystyrene Foam Container Preemption

Polystyrene foam food containers and cups are included in the definition of auxiliary containers under Act 879 of 2021, codified at Arkansas Code 8-9-110. Cities and counties may not prohibit, tax, or otherwise restrict the use, sale, or distribution of polystyrene foam packaging. The state reserves regulation of these containers to itself. Restaurants and retailers may continue using foam containers without local penalty. Voluntary sustainability efforts and private business decisions to switch materials remain unaffected. Solid-waste rules still apply to disposal practices.

Local ordinances banning or taxing polystyrene are void and unenforceable; affected businesses may pursue declaratory and injunctive relief in state court.