Montana: Senate passes bill banning styrofoam containers in food industry

On Saturday, April 12, the Senate of Montana approved House Bill 477 by 26 votes to 24. The bill bans styrofoam containers in the food industry within five years. Supported by Senator Daniel Zolnikov, it had already received the approval of the House of Representatives in March by 56 votes to 44. The bill creates a three-step process for the phaseout of polystyrene foam, also known as styrofoam, used in containers to serve or package food in restaurants and food outlets. The first step of the phaseout will start in 2028 by banning the use of styrofoam in containers used to serve food consumed on-site. A year later, the ban will be extended to packaging prepared food, and in 2030 to food packagers, including those for bakery items and prepared food. The Department of Environmental Quality will ensure compliance with the rule and sanction potential violations.
The bill was drafted in response to the increasing evidence that suggests styrofoam containers leak chemicals into food when microwaved. These chemicals have been linked to cancer, hormone disruption, and several chronic health conditions. However, the bill was opposed by several Senators on the grounds that it infringes upon people’s lives. According to Senator Greg Hertz, R-Polson, the state should not intervene with a law, but people concerned about their health should heat their food in safer containers like an iron frying pan. Senator Zolnikov disagrees, saying that authorities should intervene when food and food storage products are unsafe and unhealthy. Yet House Bill 477 tackles the use of styrofoam only in the food service industry, leaving out that in the transportation and construction sectors.
The law will affect more than 7000 establishments in Montana. However, businesses can request a waiver to its application if they show undue hardship, such as finding no suitable alternatives for food packaging. Eleven other US states have adopted similar legislation to House Bill 477, as well as numerous local governments.