President Donald Trump signed legislation Wednesday to rollback the plastic tray ban that the Supreme Court struck down last year.
The White House said Trump signed the bill with his signature to give states and localities time to review and enact regulations to comply with the Supreme, which upheld a lower court ruling that a plastic tray is a “material aid” for child care and is thus not subject to the ban.
Trump, a Republican, signed the measure Wednesday evening, but did not address reporters’ questions on the bill before signing.
The ban, enacted in 2015, prohibited the use of plastic containers for food containers, food-service containers, shopping carts, and other small, lightweight containers in public places.
Under the rule, states could not restrict the size of plastic cups, napkins, plastic utensils, and similar items.
Under Trump’s executive order, however, states must adopt regulations to implement the rule and make them available online and through the mail.
The Trump administration argued that the rule did not apply to containers that are not disposable, or those that are disposable and not used frequently.
The Justice Department and state attorneys general have also appealed the ruling, which the Supreme said is invalid because it applies only to containers which have a life expectancy of at least three months.
Under a Trump administration directive, states would be allowed to ban the use or disposal of any product that “may contain plastic.”
The new legislation prohibits the use and disposal of all plastic items and implements the court’s decision in a “flexible manner” with no requirements to conform to the court ruling.