New Mexico Polystyrene Foam Local Regulation

There is no New Mexico statute restricting expanded polystyrene foam packaging or preempting local action. Municipalities operating under home rule charters or general municipal police powers in NMSA 1978 Chapter 3 may adopt foam container bans, requirements for compostable alternatives, or restaurant-level restrictions. Several New Mexico cities have studied or implemented such regulations as part of broader zero-waste and climate action plans. Food service businesses in regulated jurisdictions must source compliant containers, often switching to paper, fiber, or compostable alternatives.

Where local foam restrictions exist, civil administrative penalties typically apply to noncompliant vendors, often starting around 50 to 100 dollars per violation with escalation.