Indiana Polystyrene Foam Local Regulation Preempted

IC 13-30-9.5-3 expressly defines auxiliary containers to include polystyrene foam containers, cups, plates, and trays, prohibiting any political subdivision from banning, taxing, or otherwise regulating their sale or distribution. Restaurants, grocers, and packaging companies can use polystyrene products statewide without facing a patchwork of local rules. Indiana relies on state-level solid waste statutes in IC 13-20 for recycling and disposal standards. Retailers may voluntarily phase out foam packaging, but cannot be required to do so by ordinance.

Any local ordinance imposing fees, bans, or restrictions on polystyrene foam is unenforceable as preempted under IC 13-30-9.5-3.