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This entry was published on 2020-04-17
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SECTION 27-3007
Preemption
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 30
§ 27-3007. Preemption.

1. Except as provided in subdivisions two and three of this section,
this title shall supersede and preempt all local laws, ordinances or
regulations governing the sale, offer for sale, or distribution of
disposable food service containers containing expanded polystyrene foam
and polystyrene loose fill packaging.

2. Any local law, ordinance or regulation of any county shall not be
preempted if such local law, ordinance or regulation provides
environmental protection equal to or greater than the provisions of this
title or any rules or regulations promulgated hereunder, and such county
files with the department a written declaration of its intent to
administer and enforce such local law, ordinance or regulation.

3. This title shall not apply in a city with a population of one
million or more which has a local law, ordinance or regulation in place
which restricts the sale, offer for sale, or distribution of expanded
polystyrene containers and polystyrene loose fill packaging.