Florida Statewide Rule

Florida Preempts Local Polystyrene Container Bans

Few RestrictionsApplies statewide across Florida (2026)

Key Facts

FS 500.90 Preempts: FS 500.90 preempts polystyrene regulation to the state
All Local Polystyrene: All local polystyrene product ordinances are null and void
Applies to food: Applies to food service establishments and retailers
No Statewide Polystyrene: No statewide polystyrene ban currently exists
Chapter 403 Solid: Chapter 403 solid waste rules still apply to disposal

Last verified: September 5, 2026Source: Florida Senate

Summary

Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.

500.90 Regulation of polystyrene products preempted to department.-The regulation of the use or sale of polystyrene products by entities regulated under this chapter is preempted to the department. This preemption does not apply to local ordinances or provisions thereof enacted before January 1, 2016, and does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services, unless such use is otherwise preempted by law.

Source: Florida SenateView official code

Full Breakdown

Section 500.90, Florida Statutes, expressly preempts the use or sale of polystyrene products by entities regulated under Chapter 500 (the Florida Food Safety Act) to the state. The Legislature later expanded the prohibition: any local ordinance or regulation regarding polystyrene products is null and void. Cities and counties cannot prohibit restaurants, food service establishments, or retailers from using or selling expanded polystyrene foam containers. State environmental regulation continues under Chapter 403 for solid waste handling, but product-level bans are reserved to the Legislature, which has not enacted a statewide ban.

Violations & Penalties

Local polystyrene bans are void; affected food establishments may seek declaratory and injunctive relief against enforcement.

Frequently Asked Questions

Can a Florida city ban Styrofoam food containers?

No. FS 500.90 preempts local regulation of polystyrene products, voiding any city or county ban on foam containers.

Did any Florida city try a polystyrene ban?

Yes. Beach communities and others passed bans, but state preemption invalidated their enforcement against regulated food establishments.

Is there a statewide ban coming?

Not currently. The Legislature has reserved authority but has not enacted a statewide ban on polystyrene products.

Sources

Florida Statutes 500.90 - Preemption of regulation of polystyrene products

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.