Tennessee Polystyrene Foam Local Preemption

T.C.A. 7-86-103 defines auxiliary containers to include disposable items such as polystyrene foam cups, plates, and clamshells used by food service establishments. The 2019 statute prohibits cities and counties from banning, taxing, or imposing fees on these foam containers. Tennessee policy diverts foam regulation to potential statewide action, leaving local restaurants and grocery stores free to use foam packaging consistent with federal labeling and food-safety rules. Voluntary recycling and reduction programs remain permissible if no enforcement penalties apply.

Local foam bans are unenforceable; affected businesses can challenge ordinances and obtain injunctive relief against improper enforcement.