Read the full stored bill text
- 2025
69th Legislature 2025 HB 477
- 1 - Authorized Print Version – HB 477
ENROLLED BILL
AN ACT ELIMINATING THE USE OF STYROFOAM IN FOOD-RELATED BUSINESSES; PROVIDING
EXEMPTIONS; REQUIRING FEES FOR EXEMPTION APPLICATIONS; PROVIDING RULEMAKING
AUTHORITY; AUTHORIZING USE OF ACCOUNT; PROVIDING DEFINITIONS; AMENDING SECTION 75-10-
117, MCA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, expanded polystyrene foam, commonly known as styrofoam, is a material that causes
environmental harm and poses a threat to fish and wildlife; and
WHEREAS, styrofoam takes up space in landfills and contributes to the need for costly expansions
borne by taxpayers; and
WHEREAS, styrofoam threatens the right of each Montanan to a clean and healthful environment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. As used in [sections 1 through 4], unless the context clearly indicates
otherwise, the following definitions apply:
(1) "Department" means the department of environmental quality provided for in 2-15-3501.
(2) "Expanded polystyrene foam" means blown polystyrene and expanded and extruded foams
that are thermoplastic petrochemical materials using styrene.
(3) "Food packager" means a person located in the state who places bakery products or other
prepared food in packaging materials for the purpose of retail sale of those products.
(4) "Polystyrene foam container" means a container that is made of expanded polystyrene foam.
(5) (a) "Prepared food" means a food or a beverage that is prepared for immediate consumption
on or off the premises of the establishment.
(b) The term does not include raw, uncooked meat, fish, or eggs.
- 2025
69th Legislature 2025 HB 477
- 2 - Authorized Print Version – HB 477
ENROLLED BILL
(6) "Undue hardship" includes but is not limited to situations in which:
(a) there are no acceptable alternatives to packaging prepared food with polystyrene foam
containers for reasons that are unique to an applicant; or
(b) complying with the prohibition in [section 2] would deprive a person of a legally protected right.
Section 2. Prohibition of use of expanded polystyrene foam. Except as provided in [section 3]:
(1) beginning January 1, 2028, a restaurant or food establishment in the state may not serve food
or beverages to be consumed in the restaurant or food establishment using polystyrene foam containers;
(2) beginning January 1, 2029, a restaurant, food establishment, resort, or hotel in the state may
not:
(a) serve or package prepared food in polystyrene foam containers; or
(b) provide polystyrene foam containers for use with food or beverages; and
(3) beginning January 1, 2030, a food packager in the state may not package bakery products or
other prepared food in a polystyrene foam container.
Section 3. Exemptions. A person may apply to the department for an exemption from the
requirements of [section 2]. The department may grant an application for an exemption if the department finds
there are no acceptable alternatives to the use of expanded polystyrene foam and:
(1) the requirements of [section 2] would cause undue hardship; or
(2) the applicant intends to use expanded polystyrene foam for purposes relating to:
(a) transportation;
(b) construction;
(c) health; or
(d) safety.
Section 4. Rulemaking authority -- fee. (1) The department may adopt rules to implement and
enforce the provisions of [sections 1 through 4], including the authority to issue fines or penalties pursuant to
75-10-228.
- 2025
69th Legislature 2025 HB 477
- 3 - Authorized Print Version – HB 477
ENROLLED BILL
(2) The department shall adopt in rule a reasonable fee that reflects the actual costs of processing
applications for exemptions. Revenue from the fee must be deposited in the solid waste management account
established in 75-10-117.
Section 5. Section 75-10-117, MCA, is amended to read:
"75-10-117. Solid waste management account. (1) There is a solid waste management account in
the state special revenue fund provided for in 17-2-102.
(2) There must be deposited in the account:
(a) all revenue from the solid waste management fees provided for in 75-10-115;
(b) all revenue from the fee provided for in [section 4];
(c) fines and penalties collected pursuant to [section 4]; and
(b)(d) money received by the department in the form of legislative appropriations, reimbursements,
gifts, federal funds, or appropriations from any source that is intended to be used for the purposes of the
account.
(3) The account may be used by the department only for the administration of 75-2-215, [sections
1 through 4], part 2 of this chapter, and this part."
Section 6. Codification instruction. [Sections 1 through 4] are intended to be codified as a new part
in Title 75, chapter 10, and the provisions of Title 75, chapter 10, apply to [sections 1 through 4].
Section 7. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
HB 477, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 477
INTRODUCED BY M. MARLER, M. YAKAWICH
AN ACT ELIMINATING THE USE OF STYROFOAM IN FOOD-RELATED BUSINESSES; PROVIDING
EXEMPTIONS; REQUIRING FEES FOR EXEMPTION APPLICATIONS; PROVIDING RULEMAKING
AUTHORITY; AUTHORIZING USE OF ACCOUNT; PROVIDING DEFINITIONS; AMENDING SECTION 75-10-
117, MCA; AND PROVIDING AN EFFECTIVE DATE.