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A state Senate committee approved a measure Tuesday that would block local government bans on foam food containers and cups and other non-recyclable containers that restaurants and retailers provide.

The local government committee debated the measure that would pre-empt bans such as the ones 

 and St. Louis Park already have in place, and would block future regulation such as a ban 

What you can do about plastic pollution


For now, though, it looks as if the local bans will stand. Bill sponsor Dan Hall, a Republican from Burnsville, said time is running short this legislative session.


"I expect there won't be much action," Hall said. "It'll be there for us to bring up next year or not, but we thought it would be good to have a hearing to hear it out, to hear both sides of the issue."

It's one of dozens of what are called pre-emption bills at the Capitol this biennium, as lawmakers push back on local initiatives including the 

 in Minneapolis and St. Paul and new packaging regulations. A similar bill is inching forward in the House but is still awaiting action in committee.

Battle over pre-emption continues


Opponents of the law told senators that cities needed flexibility to regulate packaging and that it was the most effective way to encourage recycling, keep waste out of the recycling and composting streams and could encourage the development of renewable products by Minnesota's timber and paper industries.

"These containers are bad for consumers, taxpayers and the environment," said Andrew Johnson, a Minneapolis City Council member. "What I hear from countless small business owners is they support this ban because it leveled the playing field and created economies of scale with sustainable packaging."


But supporters of the law said the municipal bans drive up the cost of packaging, create competitive imbalances from one jurisdiction to another, and create barriers to immigrant and small business startups.


"This policy measure has little impact on environmental benefit but would triple the cost of packaging for St. Paul small business," said PaSee Yang, head of the Minnesota Hmong Chamber of Commerce, talking about packaging regulations proposed in St. Paul. He urged lawmakers to block more local regulation.

The committee approved the bill by a 5-4 vote and sent it to the commerce committee, even though Hall noted it is unlikely to proceed to a floor vote.

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Tim Nelson

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A bill that would overturn local ordinances that ban non-recyclable containers cleared a committee, but may not make it to a floor vote.

A styrofoam takeout container in the trash. 

Measure to block take-out container laws advances but is unlikely to become law

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