Indiana Statewide Rule

Indiana Polystyrene Foam Local Regulation Preempted

Few RestrictionsApplies statewide across Indiana (2026)

Indiana law preempts local bans or fees on polystyrene foam cups, containers, and similar auxiliary items, leaving sales and use uniform across cities and counties.

Full Breakdown

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.

Violations & Penalties

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

Frequently Asked Questions

Are polystyrene foam containers banned anywhere in Indiana?

No. Indiana preempts local bans on auxiliary containers, including polystyrene foam, under IC 13-30-9.5-3, so foam cups and trays remain legal statewide.

Can cities require restaurants to use compostable packaging instead?

Not via mandatory ordinances. Such requirements would impose regulation on auxiliary containers, which the state preempts.

Sources

See something wrong?

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 If you notice an error or outdated information, let us know.