Ohio Statewide Rule
Ohio Polystyrene Foam Container Preemption Rules
Key Facts
- HB 242 Preempts
- HB 242 preempts polystyrene container bans
- No Statewide ban
- No statewide ban on polystyrene foodware exists
- Auxiliary Container Definition
- Auxiliary container definition includes food packaging
- Disposal Rules Remain
- Disposal rules remain under solid waste statutes
- Cities Cannot tax
- Cities cannot tax or restrict foam containers
Summary
Ohio HB 242's auxiliary container preemption extends to polystyrene foam food containers, blocking local bans on Styrofoam takeout packaging.
A person may use an auxiliary container for purposes of commerce or otherwise. Nothing in this section shall be construed to prohibit or limit the authority of any county, municipal corporation, or solid waste management district to implement a voluntary recycling program.
Full Breakdown
Ohio's auxiliary container preemption under HB 242 broadly defines containers to include cups, packages, bottles, and food service ware regardless of material, which sweeps in expanded polystyrene foam containers. As a result, municipal bans on polystyrene foam takeout containers cannot be enforced. Ohio has not enacted statewide foodware standards, leaving polystyrene containers lawful for restaurants and food retailers throughout the state. Recycling and litter rules under ORC Chapter 3734 still apply to disposal.
Violations & Penalties
Local polystyrene bans are unenforceable; littering and improper disposal violations fall under ORC 3767.32 and 3734.
Frequently Asked Questions
Can Ohio restaurants still use Styrofoam containers?
Does Ohio require recycling of polystyrene?
Sources
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