Kansas Polystyrene Foam Container Preemption

K.S.A. 12-16,135 defines auxiliary containers broadly to include cups, plates, clamshells, and other food service items made from polystyrene foam, plastic, or other materials. Local Kansas governments may not prohibit, restrict, or tax the use, sale, or distribution of these containers. The preemption ensures uniform rules for restaurants, grocery stores, and food vendors statewide. Federal Food and Drug Administration rules still govern food contact safety, and businesses may voluntarily switch to alternative materials.

Local foam container bans are unenforceable as preempted by Kansas state law under K.S.A. 12-16,135.