SCS CSHB 25(L&C): "An Act relating to disposable food service ware and containers provided by customers; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 25(L&C) 01 "An Act relating to disposable food service ware and containers provided by customers; 02 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. 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 businesses, a 31 place maintained for the sale and on-premises consumption of food, and a street
01 vendor who 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.