Michigan Polystyrene Foam Container Preemption

Polystyrene foam clamshells, cups, and trays fall within the broad definition of auxiliary containers under MCL 445.572b. As a result, Michigan municipalities cannot adopt ordinances banning polystyrene foam food service ware or imposing fees on its use. Some Michigan cities have adopted voluntary phase-outs in city operations, which remain permissible because they do not regulate private commerce. State agencies may set their own procurement preferences without violating preemption.

Local polystyrene bans are unenforceable; voluntary government procurement policies remain lawful.