House Passes Polystyrene Ban for Restaurants Despite Business Concerns

The Alaska House of Representatives voted Tuesday to ban polystyrene foam food service containers in restaurants and food establishments statewide, passing House Bill 25 by a 25-15 margin after extensive debate over health risks, environmental impacts, and costs to small businesses.

The measure, which takes effect more than two years after passage, prohibits restaurants and food service operations from using expanded polystyrene, commonly known as Styrofoam, for takeout containers, cups, and similar items. The bill includes graduated enforcement starting with education and written notices, with fines ranging from zero for a first offense to $400 for a third violation.

Representative Andy Josephson, who introduced the legislation, told the House that polystyrene stands out among plastics for its toxicity. "It leaches its chemicals into food products and those chemicals can increase the risk of cancers such as leukemia and lymphoma and they damage white blood cells like lymphocytes," Josephson said. He noted that the National Toxicology Program called styrene "reasonably anticipated to be a human carcinogen."

Josephson said polystyrene cannot be recycled and breaks down into fragments that persist in the environment. "The main issue, along with its toxicity, is that it is not recyclable," he said. "It's friable, it breaks down, it goes into the environment, it's lightweight, and it blows away. And when fragmented, it can simply not be recovered."

Representative Ashley Carrick pointed to the long-term environmental consequences, particularly for Alaska's coastal communities. "The polystyrene takeout container that any one of us used 20 years ago is still in our environment today," Carrick said. "That polystyrene container has probably decomposed into teeny tiny little pieces that marine mammals in particular end up eating. The bioaccumulation in those marine mammals passes from mother to offspring, crosses their blood-brain barrier, and it crosses through breast milk from mother to offspring."

The bill received support from environmental organizations including Green Alaska Solutions, Alaska Community Action on Toxics, and Oceana, as well as recycling organizations across the state, including the Mid Valley Recycling Group, Big Lake Recycling Center, and Valley Community for Recycling Solutions.

Opponents raised concerns about the bill's narrow focus on Alaska businesses while exempting products packaged outside the state. Representative Justin Ruffridge argued the legislation unfairly targets local restaurants. "This is a ban on certain, one industry, food service, not using polystyrene," Ruffridge said. "This is narrowly, and I think the key word here is targeted, is targeted for Alaskan businesses specifically."

The Alaska Chamber of Commerce, Plastics Industry Association, and CHARR opposed the measure, joining industry groups like the Foodservice Packaging Institute in raising concerns about costs and regulatory burdens on businesses.