Kentucky Polystyrene Foam Container Preemption

KRS 65.057 broadly defines auxiliary containers to include cups, bottles, and other receptacles made of plastic, including expanded polystyrene foam, used for transporting merchandise or food. Cities and counties may not ban, restrict, tax, or charge fees on foam containers used by restaurants, schools, hospitals, or retailers. The preemption was enacted in 2022 in response to local efforts elsewhere to ban foam containers and is intended to provide statewide uniformity for food service businesses.

Local foam container bans or fees are void and unenforceable. Businesses may seek declaratory judgment to invalidate conflicting ordinances.