Alaska Gov. Mike Dunleavy vetoed HB 25 on June 25, blocking a measure that would have prohibited restaurants and state agencies from using single-use polystyrene foam foodware beginning Jan. 1, 2027.
The bill was sponsored by Rep. Andy Josephson (D-Anchorage) and co-sponsored by Representatives Hall, Burke, Hannan, Story, Mina, Carrick, Foster, Fields, Jimmie and Galvin. It passed the State Senate on May 18 and cleared the House earlier this spring with bipartisan support.
“This commonsense policy reflects the growing support for cutting single-use plastics at the source,” said Christy Leavitt, senior campaign director at Oceana, in a statement at the time.
Under the legislation, “restaurant” was defined broadly to include coffee kiosks, grocery delis, hospital and school food operations, caterers, concessions and street vendors who sell food prepared for immediate consumption.
All of those entities would have been barred from serving prepared food in polystyrene foam containers, bowls, plates, trays, cartons, cups or lids. The state itself would have been prohibited from purchasing or using the same materials, and the Alaska Department of Environmental Conservation (DEC) would have been directed to recommend that restaurants shift to reusable foodware rather than disposables.
Exemptions in the bill included food prepared or packaged outside of Alaska and areas under a declared disaster emergency. Restaurants could also apply to the DEC for individual exemptions if they could demonstrate that an affordable replacement product was unavailable, or that compliance would cause undue financial or logistical hardship. A transition provision allowed restaurants and state agencies to draw down existing polystyrene stock purchased before the effective date.
Opposition from the Alaska Chamber of Commerce and Alaska CHARR centered on cost concerns. Supporters argued the material poses documented health and environmental risks.
“The governor’s veto is a setback for Alaska and our oceans,” said Leavitt in a statement. Leavitt pledged to work with lawmakers to revisit the legislation in a future session.
Upon signing, Alaska would have become the 13th state to restrict polystyrene foodware, following Washington and Oregon. The Alaska municipalities of Bethel, Cordova and Seward already have local bans in place.
