HB 354: "An Act relating to the use of polystyrene foam and biodegradable or compostable disposable food service ware; and providing for an effective date."
00 HOUSE BILL NO. 354 01 "An Act relating to the use of polystyrene foam and biodegradable or compostable 02 disposable food service ware; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 17.20 is amended by adding a new section to read: 05 Sec. 17.20.035. Polystyrene foam disposable food service ware. (a) Except 06 as provided in (d) and (e) of this section, a restaurant may not provide prepared food in 07 polystyrene foam disposable food service ware. 08 (b) The state may not use or purchase polystyrene foam disposable food 09 service ware. 10 (c) Unless a restaurant demonstrates to the department in a specific application 11 under (e) of this section that an affordable biodegradable or compostable product is 12 not available, a restaurant that uses disposable food service ware shall use 13 biodegradable or compostable disposable food service ware. The department shall 14 recommend that a restaurant reuse food service ware in place of disposable food
01 service ware. 02 (d) The restriction on use of polystyrene foam disposable food service ware 03 under (a) of this section does not apply to 04 (1) prepared food prepared or packaged outside the state; 05 (2) polystyrene foam coolers and ice chests intended for reuse; 06 (3) an area affected by a disaster emergency for the duration of the 07 disaster emergency. 08 (e) A restaurant may apply to the department for an exemption from the 09 requirements of this section. If the department finds that an affordable biodegradable 10 or compostable product is not available to replace a polystyrene foam product or that 11 imposing the requirements of this section on a particular product or type of disposable 12 food service ware would cause undue hardship, the department may grant an 13 exemption to a restaurant for that specific product or type of disposable food service 14 ware. 15 (f) In this section, 16 (1) "biodegradable or compostable product" means a product or 17 package all the elements of which completely break down and return to nature or 18 decompose into elements found in nature within a reasonably short period after 19 customary disposal; 20 (2) "disaster emergency" has the meaning given in AS 26.23.900; 21 (3) "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 out of the 24 restaurant for consumption; 25 (4) "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 (5) "restaurant" has the meaning given in AS 44.25.048. 30 * Sec. 2. This Act takes effect January 1, 2025.