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Alaska State Legislature· HB 25VETOED BY GOVERNOR

DISPOSABLE FOOD SERVICE WARE, the official text

Shown verbatim: the complete text as captured from the official page posted by the Alaska State Legislature, fetched 2026-08-28. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
Enrolled HB 25 
 Relating to disposable food service ware and containers provided by customers; and providing 
 for an effective date. 
 _______________ 
 * Section 1. AS 17.20 is amended by adding a new section to read: 
 Sec. 17.20.035. Disposable food service ware. (a) Except as provided in (d) - 
 (g) of this section, a restaurant may not provide prepared food in polystyrene foam 
 disposable food service ware. 
 (b) The state may not use or purchase polystyrene foam disposable food 
 service ware. 
 (c) The department shall recommend that a restaurant reuse food service ware 
 in place of disposable food service ware. 
 (d) The department may adopt regulations that allow a restaurant to provide 
 prepared food in a clean container provided by a customer of the restaurant. The 
 regulations must establish procedures to prevent cross-contamination.

(e) The restriction on use of polystyrene foam disposable food service ware 
 under (a) of this section does not apply to 
 (1) prepared food prepared or packaged outside the state; 
 (2) an area affected by a disaster emergency for the duration of the 
 disaster emergency. 
 (f) A restaurant may apply to the department for an exemption from the 
 requirements of this section. The department may grant an exemption to the restaurant 
 for a particular product or type of disposable food service ware if the restaurant 
 demonstrates to the department that 
 (1) an affordable product is not available to replace a polystyrene foam 
 product; or 
 (2) applying the requirements of this section to the particular product 
 or type of disposable food service ware would cause undue financial and logistical 
 hardship to the restaurant. 
 (g) A municipality may by ordinance allow a restaurant to provide prepared 
 food in polystyrene foam disposable food service ware. This section does not apply to 
 a restaurant in a municipality that has adopted an ordinance allowing a restaurant to 
 provide prepared food in polystyrene foam disposable food service ware. 
 (h) In this section, 
 (1) "disaster emergency" has the meaning given in AS 26.23.900; 
 (2) "disposable food service ware" means a container, bowl, plate, tray, 
 carton, cup, lid, or other item designated for one-time use in which a restaurant or 
 customer places or packages prepared food so that the food may be taken from the 
 restaurant for consumption; 
 (3) "polystyrene foam" means Styrofoam, blown polystyrene, or an 
 expanded foam that is made of thermoplastic petrochemical materials using a styrene 
 monomer and processed by fusion of polymer spheres, injection molding, foam 
 molding, extrusion blow molding, or other techniques; 
 (4) "restaurant" includes a coffee kiosk, a grocery deli, a hospital or 
 school food operation, a caterer, a concession, a food hybrid service business, a place 
 maintained for the sale and on-premises consumption of food, and a street vendor who

sells food prepared for immediate consumption. 
 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 
 read: 
 TRANSITION: POLYSTYRENE PRODUCTS. (a) Notwithstanding AS 17.20.035, 
 enacted by sec. 1 of this Act, a restaurant may provide prepared food in polystyrene foam 
 disposable food service ware after the effective date of this Act if the restaurant obtained the 
 polystyrene foam disposable food service ware before the effective date of this Act. 
 (b) Notwithstanding AS 17.20.035, enacted by sec. 1 of this Act, the state may use 
 polystyrene foam disposable food service ware after the effective date of this Act if the state 
 purchased the polystyrene foam disposable food service ware before the effective date of this 
 Act. 
 * Sec. 3. This Act takes effect January 1, 2027.
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