HB0025b -1- CSHB 25(L&C)
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CS FOR HOUSE BILL NO. 25(L&C)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE HOUSE LABOR AND COMMERCE COMMITTEE
Offered: 3/17/25
Referred: Rules
Sponsor(s): REPRESENTATIVE JOSEPHSON
A BILL
FOR AN ACT ENTITLED
"An Act relating to disposable food service ware and containers provided by customers; 1
and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 17.20 is amended by adding a new section to read: 4
Sec. 17.20.035. Disposable food service ware. (a) Except as provided in (d) - 5
(f) of this section, a restaurant may not provide prepared food in polystyrene foam 6
disposable food service ware. 7
(b) The state may not use or purchase polystyrene foam disposable food 8
service ware. 9
(c) The department shall recommend that a restaurant reuse food service ware 10
in place of disposable food service ware. 11
(d) The department may adopt regulations that allow a restaurant to provide 12
prepared food in a clean container provided by a customer of the restaurant. The 13
regulations must establish procedures to prevent cross-contamination. 14 34-LS0256\N
CSHB 25(L&C) -2- HB0025b
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(e) The restriction on use of polystyrene foam disposable food service ware 1
under (a) of this section does not apply to 2
(1) prepared food prepared or packaged outside the state; 3
(2) polystyrene foam coolers and ice chests intended for reuse; 4
(3) an area affected by a disaster emergency for the duration of the 5
disaster emergency. 6
(f) A restaurant may apply to the department for an exemption from the 7
requirements of this section. The department may grant an exemption to the restaurant 8
for a particular product or type of disposable food service ware if the restaurant 9
demonstrates to the department that 10
(1) an affordable product is not available to replace a polystyrene foam 11
product; or 12
(2) applying the requirements of this section to the particular product 13
or type of disposable food service ware would cause undue financial and logistical 14
hardship to the restaurant. 15
(g) In this section, 16
(1) "disaster emergency" has the meaning given in AS 26.23.900; 17
(2) "disposable food service ware" means a container, bowl, plate, tray, 18
carton, cup, lid, or other item designated for one-time use in which a restaurant or 19
customer places or packages prepared food so that the food may be taken from the 20
restaurant for consumption; 21
(3) "polystyrene foam" means Styrofoam, blown polystyrene, or an 22
expanded foam that is made of thermoplastic petrochemical materials using a styrene 23
monomer and processed by fusion of polymer spheres, injection molding, foam 24
molding, extrusion-blow molding, or other techniques; 25
(4) "restaurant" includes a place maintained for the sale and on-26
premises consumption of food and a street vendor who sells food prepared for 27
immediate consumption. 28
* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 29
read: 30
TRANSITION: POLYSTYRENE PRODUC TS. (a) Notwithstanding AS 17.20.035, 31 34-LS0256\N
HB0025b -3- CSHB 25(L&C)
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enacted by sec. 1 of this Act, a restaurant may provide prepared food in polystyrene foam 1
disposable food service ware after the effective date of this Act if the restaurant obtained the 2
polystyrene foam disposable food service ware before the effective date of this Act. 3
(b) Notwithstanding AS 17.20.035, enacted by sec. 1 of this Act, the state may use 4
polystyrene foam disposable food service ware after the effective date of this Act if the state 5
purchased the polystyrene foam disposable food service ware before the effective date of this 6
Act. 7
* Sec. 3. This Act takes effect January 1, 2026. 8