Oklahoma Polystyrene Container Preemption Statute

The state's auxiliary container preemption statute, 27A O.S. 2-11-201.1, expressly includes foam and polystyrene packaging within the definition of containers cities cannot regulate. Restaurants, retailers, and manufacturers may continue using expanded polystyrene clamshells, cups, and trays without local fees or bans. Federal labeling and food contact rules from the FDA remain enforceable, and the state retains authority to address recyclability standards or solid waste handling at the statewide level.

A municipal ordinance banning or taxing polystyrene foam packaging would be preempted and could be challenged in court as unenforceable.