Montana Polystyrene Foam Container Preemption

Montana has no statewide ban on expanded polystyrene (EPS) foam food containers. Under MCA 7-5-103, local governments are preempted from regulating auxiliary containers, which the statute defines to include cups, food containers, and similar packaging regardless of material. Restaurants and retailers may therefore use polystyrene foam packaging without fear of local prohibition or fee schemes, while remaining subject to general waste and littering laws.

Local ordinances purporting to ban or surcharge polystyrene foam containers are unenforceable; standard solid waste and litter laws still apply to disposal.