Missouri Polystyrene and Foam Container Preemption

The statewide preemption in RSMo 260.283 extends beyond plastic bags to all auxiliary containers, expressly including cups, plates, bowls, and food service ware made from materials such as polystyrene foam. Cities and counties cannot ban foam takeout boxes, fee them, or impose mandatory alternatives on restaurants and grocers. The 2015 law was designed to provide retailers and food service operators with consistent rules statewide. Solid waste management remains a state responsibility coordinated through the Department of Natural Resources, and any community concerned with polystyrene litter must rely on voluntary recycling or statewide measures rather than local bans.

Local foam container bans are unenforceable and may be enjoined. Operators following state law cannot be fined or licensed against for using polystyrene products under any local ordinance.