The proposed bill aims to eliminate the use of expanded polystyrene foam, commonly known as styrofoam, in food-related businesses across Montana due to its environmental impact and threat to wildlife. The bill outlines a phased prohibition: starting January 1, 2028, restaurants and food establishments will be banned from serving food in styrofoam containers, with further restrictions extending to all food packaging by January 1, 2030. The bill also introduces a definition section that clarifies terms such as "food packager" and "prepared food," and establishes the concept of "undue hardship" for businesses seeking exemptions.

Additionally, the bill allows for exemptions from the styrofoam ban, which can be applied for through the Department of Environmental Quality, provided that no acceptable alternatives exist and compliance would cause undue hardship. The department is granted rulemaking authority to implement these provisions and is required to establish a reasonable fee for processing exemption applications. The bill also amends Section 75-1-110 of the Montana Code Annotated to ensure that fees collected from exemption applications are deposited into the environmental rehabilitation and response account. The act is set to take effect on July 1, 2025.

Statutes affected:
LC Text: 75-1-110
HB0477_1(1): 75-1-110
HB0477_1: 75-1-110