Ohio Polystyrene Foam Container Preemption Rules

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.

Local polystyrene bans are unenforceable; littering and improper disposal violations fall under ORC 3767.32 and 3734.