DISPOSABLE FOOD SERVICE WARE, the official text

00Enrolled HB 25
01Relating to disposable food service ware and containers provided by customers; and providing 
02 for an effective date. 
03 _______________ 
04 * Section 1. AS 17.20 is amended by adding a new section to read: 
05 Sec. 17.20.035. Disposable food service ware. (a) Except as provided in (d) - 
06 (g) of this section, a restaurant may not provide prepared food in polystyrene foam 
07 disposable food service ware. 
08 (b) The state may not use or purchase polystyrene foam disposable food 
09 service ware. 
10 (c) The department shall recommend that a restaurant reuse food service ware 
11 in place of disposable food service ware. 
12 (d) The department may adopt regulations that allow a restaurant to provide 
13 prepared food in a clean container provided by a customer of the restaurant. The 
14 regulations must establish procedures to prevent cross-contamination.

01 (e) The restriction on use of polystyrene foam disposable food service ware 
02 under (a) of this section does not apply to 
03 (1) prepared food prepared or packaged outside the state; 
04 (2) an area affected by a disaster emergency for the duration of the 
05 disaster emergency. 
06 (f) A restaurant may apply to the department for an exemption from the 
07 requirements of this section. The department may grant an exemption to the restaurant 
08 for a particular product or type of disposable food service ware if the restaurant 
09 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) A municipality may by ordinance allow a restaurant to provide prepared 
16 food in polystyrene foam disposable food service ware. This section does not apply to 
17 a restaurant in a municipality that has adopted an ordinance allowing a restaurant to 
18 provide prepared food in polystyrene foam disposable food service ware. 
19 (h) In this section, 
20 (1) "disaster emergency" has the meaning given in AS 26.23.900; 
21 (2) "disposable food service ware" means a container, bowl, plate, tray, 
22 carton, cup, lid, or other item designated for one-time use in which a restaurant or 
23 customer places or packages prepared food so that the food may be taken from the 
24 restaurant for consumption; 
25 (3) "polystyrene foam" means Styrofoam, blown polystyrene, or an 
26 expanded foam that is made of thermoplastic petrochemical materials using a styrene 
27 monomer and processed by fusion of polymer spheres, injection molding, foam 
28 molding, extrusion blow molding, or other techniques; 
29 (4) "restaurant" includes a coffee kiosk, a grocery deli, a hospital or 
30 school food operation, a caterer, a concession, a food hybrid service business, a place 
31 maintained for the sale and on-premises consumption of food, and a street vendor who

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