Ban on polystyrene food containers nears final passage in Legislature

Alaska would become 12th state to ban containers critics say pose environmental risks; 38-22 combined House and Senate vote is two short of override if Dunleavy vetoes bill

Food is packaged in the legislative lounge’s kitchen at the Alaska State Capitol on Monday, May 18, 2026. (Mark Sabbatini / Juneau Independent)

By Mark Sabbatini

Juneau Independent

A statewide ban on use of polystyrene food containers by restaurants — which allows exemptions for municipalities and individual businesses — is close to final passage in the Legislature, but not with enough current support to override a veto if Gov. Mike Dunleavy exercises that option.

House Bill 25 by Rep. Andy Josephson, D-Anchorage, passed the Senate on Monday by a 13-7 vote after passing the House by a 25-15 vote on April 21. The House must concur with changes by the Senate, which among other provisions adds exemptions to the ban, before the session’s scheduled adjournment of 11:59 p.m. Wednesday.

The combined House and Senate vote of 38-22 is two short of the 40 needed for a veto override. However, the exemptions added by the Senate helped its support in that chamber and could potentially sway House members who opposed the version they voted on.

"I was reluctant at first because there was no local control and now that that is there I am a firm ‘yes,’" said Sen. Robert Yundt, R-Wasilla, during Monday’s floor debate.

In a sponsor statement, Josephson said the substance most commonly known as styrofoam "has served an important but contentious role in recent history."

"It is a cheap, lightweight material used in food packaging, packing materials, fishing/docks, and construction," he wrote. "However, convenience and durability are both its greatest strength and its greatest problem. Styrofoam is not recyclable nor biodegradable. Additionally, the chemical additives to the foam that give it its unique properties are not chemically bound to the plastic, so they are prone to leaching into food and the ground."

Twelve states have passed similar bans, as have many communities including some in Alaska. The term "restaurant" in HB 25 includes food vendors such as hospital and school food operations, caterers, and grocery store delis.

There are several exemptions in the bill, including one allowing municipalities to enact ordinances allowing such containers. Businesses can also seek exemptions from the state on the basis of financial or logistical hardships. Also exempted would be all such containers in the possession of businesses as of Jan. 1, 2027, when the bill is set to take effect.

Opponents of the bill included the American Chemistry Council, which in written testimony stated "alternative materials can cost up to 2–3 times more, increasing operating expenses for restaurants, small businesses, and food service providers — costs that could ultimately be passed on to consumers." The council also questioned the environmental benefits of the bill cited by supporters.

"While polystyrene foodservice packaging is not currently recycled in Alaska, many of the alternative foodservice products restaurants and state agencies would likely transition to under this bill also lack established recycling," the council’s testimony states. "Policymakers should carefully consider whether it is appropriate to single out one material based on the absence of current recycling access when the proposed substitutes face many of the same end-of-life management challenges."

• Contact Mark Sabbatini at editor@juneauindependent.com or (907) 957-2306.