South Carolina Polystyrene Foam Container Preemption Statewide

Polystyrene foam cups, plates, and clamshell takeout containers are explicitly classified as auxiliary containers under Section 44-96-460. Local governments cannot adopt ordinances banning their use, sale, or distribution by retailers, restaurants, or food service establishments. The 2020 law was promoted as ensuring statewide uniformity for food service operators and packaging suppliers. Retailers remain subject to general solid waste and litter laws, but cannot face additional polystyrene-specific local mandates. Voluntary recycling and reduction programs remain permissible at the local level.

Local ordinances banning polystyrene are void; the state may seek injunctions to enforce preemption.