AK
Alaska House Bill HB25

Alaska 2025-2026 Regular Session

Alaska House Bill HB25 Compare Versions

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2-HB0025b -1- CSHB 25(L&C)
2+HB0025a -1- HB 25
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5+34-LS0256\A
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10-CS FOR HOUSE BILL NO. 25(L&C)
10+
11+ HOUSE BILL NO. 25
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY THE HOUSE LABOR AND COMMERCE COMMITTEE
17+BY REPRESENTATIVE JOSEPHSON
1718
18-Offered: 3/17/25
19-Referred: Rules
19+Introduced: 1/10/25
20+Referred: Prefiled
2021
21-Sponsor(s): REPRESENTATIVE JOSEPHSON
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
26-"An Act relating to disposable food service ware and containers provided by customers; 1
27-and providing for an effective date." 2
28-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
29- * Section 1. AS 17.20 is amended by adding a new section to read: 4
30-Sec. 17.20.035. Disposable food service ware. (a) Except as provided in (d) - 5
31-(f) of this section, a restaurant may not provide prepared food in polystyrene foam 6
32-disposable food service ware. 7
33-(b) The state may not use or purchase polystyrene foam disposable food 8
34-service ware. 9
35-(c) The department shall recommend that a restaurant reuse food service ware 10
36-in place of disposable food service ware. 11
37-(d) The department may adopt regulations that allow a restaurant to provide 12
38-prepared food in a clean container provided by a customer of the restaurant. The 13
39-regulations must establish procedures to prevent cross-contamination. 14 34-LS0256\N
40-CSHB 25(L&C) -2- HB0025b
27+"An Act relating to disposable food service ware; and providing for an effective date." 1
28+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29+ * Section 1. AS 17.20 is amended by adding a new section to read: 3
30+Sec. 17.20.035. Disposable food service ware. (a) Except as provided in (e) 4
31+and (f) of this section, a restaurant may not provide prepared food in polystyrene foam 5
32+disposable food service ware. 6
33+(b) The state may not use or purchase polystyrene foam disposable food 7
34+service ware. 8
35+(c) A restaurant that uses disposable food service ware shall use biodegradable 9
36+or compostable disposable food service ware, unless the restaurant has received an 10
37+exemption under (f) of this section. 11
38+(d) The department shall recommend that a restaurant reuse food service ware 12
39+in place of disposable food service ware. 13
40+(e) The restriction on use of polystyrene foam disposable food service ware 14
41+under (a) of this section does not apply to 15 34-LS0256\A
42+HB 25 -2- HB0025a
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43-(e) The restriction on use of polystyrene foam disposable food service ware 1
44-under (a) of this section does not apply to 2
45-(1) prepared food prepared or packaged outside the state; 3
46-(2) polystyrene foam coolers and ice chests intended for reuse; 4
47-(3) an area affected by a disaster emergency for the duration of the 5
48-disaster emergency. 6
49-(f) A restaurant may apply to the department for an exemption from the 7
50-requirements of this section. The department may grant an exemption to the restaurant 8
51-for a particular product or type of disposable food service ware if the restaurant 9
52-demonstrates to the department that 10
53-(1) an affordable product is not available to replace a polystyrene foam 11
54-product; or 12
55-(2) applying the requirements of this section to the particular product 13
56-or type of disposable food service ware would cause undue financial and logistical 14
57-hardship to the restaurant. 15
58-(g) In this section, 16
59-(1) "disaster emergency" has the meaning given in AS 26.23.900; 17
60-(2) "disposable food service ware" means a container, bowl, plate, tray, 18
45+(1) prepared food prepared or packaged outside the state; 1
46+(2) polystyrene foam coolers and ice chests intended for reuse; 2
47+(3) an area affected by a disaster emergency for the duration of the 3
48+disaster emergency. 4
49+(f) A restaurant may apply to the department for an exemption from the 5
50+requirements of this section. The department may grant an exemption to the restaurant 6
51+for a particular product or type of disposable food service ware if the restaurant 7
52+demonstrates to the department that 8
53+(1) an affordable biodegradable or compostable product is not 9
54+available to replace a polystyrene foam product; or 10
55+(2) applying the requirements of this section to the particular product 11
56+or type of disposable food service ware would cause undue hardship to the restaurant. 12
57+(g) In this section, 13
58+(1) "biodegradable or compostable" means that all of the elements 14
59+completely break down and return to nature or decompose into elements found in 15
60+nature within a reasonably short period after customary disposal; 16
61+(2) "disaster emergency" has the meaning given in AS 26.23.900; 17
62+(3) "disposable food service ware" means a container, bowl, plate, tray, 18
6163 carton, cup, lid, or other item designated for one-time use in which a restaurant or 19
6264 customer places or packages prepared food so that the food may be taken from the 20
6365 restaurant for consumption; 21
64-(3) "polystyrene foam" means Styrofoam, blown polystyrene, or an 22
66+(4) "polystyrene foam" means Styrofoam, blown polystyrene, or an 22
6567 expanded foam that is made of thermoplastic petrochemical materials using a styrene 23
6668 monomer and processed by fusion of polymer spheres, injection molding, foam 24
6769 molding, extrusion-blow molding, or other techniques; 25
68-(4) "restaurant" includes a place maintained for the sale and on-26
69-premises consumption of food and a street vendor who sells food prepared for 27
70+(5) "restaurant" includes a place maintained for the sale and on-26
71+premise consumption of food and a street vendor who sells food prepared for 27
7072 immediate consumption. 28
71- * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 29
72-read: 30
73-TRANSITION: POLYSTYRENE PRODUC TS. (a) Notwithstanding AS 17.20.035, 31 34-LS0256\N
74-HB0025b -3- CSHB 25(L&C)
75- New Text Underlined [DELETED TEXT BRACKETED]
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77-enacted by sec. 1 of this Act, a restaurant may provide prepared food in polystyrene foam 1
78-disposable food service ware after the effective date of this Act if the restaurant obtained the 2
79-polystyrene foam disposable food service ware before the effective date of this Act. 3
80-(b) Notwithstanding AS 17.20.035, enacted by sec. 1 of this Act, the state may use 4
81-polystyrene foam disposable food service ware after the effective date of this Act if the state 5
82-purchased the polystyrene foam disposable food service ware before the effective date of this 6
83-Act. 7
84- * Sec. 3. This Act takes effect January 1, 2026. 8
73+ * Sec. 2. This Act takes effect January 1, 2026. 29