Montana hearing on HB 477: sponsor seeks five-year phase-out of polystyrene food containers

Representative Marilyn Marler, sponsor of House Bill 477, told the House Natural Resources Committee that the bill would phase out expanded polystyrene food service containers in Montana over five years, with staggered compliance dates for restaurants, to‑go containers and food shippers. "This is the year 20 25 that were living in," Marler said, outlining a timeline that would begin enforcement in January 2028 and expand in subsequent years.

The bill would ban the use of expanded polystyrene for served food and drinks in restaurants beginning January 2028 (while initially allowing to‑go uses), extend the ban to to‑go food service in January 2029, and require food processors and shippers to stop using polystyrene packaging by 2030. Meat and egg packaging are carved out as explicit exemptions and the bill establishes a process for other businesses to request exemptions with a short justification. Marler said the bill’s language uses “may not” instead of “shall not” and includes an exemption path to ease the transition.

Why it matters: proponents said polystyrene is persistent litter, presents wildlife and human‑health risks and cannot be recycled in Montana. Ben Catton of the Montana Environmental Information Center testified, "Phasing out Styrofoam food containers is a common sense to common sense way to drastically reduce this plastic pollution." Testimony from Montana Audubon, student groups, local composters and compostable product suppliers emphasized environmental and economic benefits for Montana manufacturers and waste operators.

Supporters described alternatives already used by Montana businesses. Heidi Noyes, founder of Eco Montana in Butte, said compostable fiber trays and straws now exist and that some products are oven‑safe up to about 450 degrees Fahrenheit; she said a Dillon manufacturer is producing compostable straws. Ryan Green of Happy Trash Can said curbside and event composters in Gallatin and Park counties accept certified compostable food service ware and can break down those materials in about 30 days in industrial compost systems.

Opponents representing restaurants, retailers and small businesses urged caution and said the market is already shifting away from polystyrene. Brad Griffin, president of the Montana Restaurant Association and Montana Retail Association, said polystyrene is inexpensive and effective and warned the bill would expand government oversight by placing exemption authority with DEQ. The National Federation of Independent Business raised concerns about costs and about whether alternative products are always demonstrably better.

Committee and agency discussion focused on logistics and costs. DEQ Waste Management and Remediation Division Administrator Amy Steinmetz and waste bureau chief Rick Thompson answered questions about composting capacity, DEQ’s role and potential funding or fee approaches. Some witnesses and committee members referenced state procurement language (MCA 75‑1‑108) and argued that Montana‑made compostable alternatives could grow local manufacturing and reduce landfill contamination.

Clarifying details captured in testimony included the staged timeline (January 2028 restaurants, January 2029 to‑go, 2030 processors/shippers), the explicit exemption for meat and eggs, a specified exemption request process, and examples of costs and product performance (Eco Montana cited a fiber tray example at 17¢ vs a polystyrene tray at 90¢; one business owner said alternatives could be about 10¢ more per item). Proponents said 13 other states have passed similar bans at some level.

Next steps: the committee paused further action on HB 477 at the end of the hearing, announcing it would be held for at least a day for follow‑up; no committee vote on HB 477 was recorded. Public testimony and the DEQ Q&A will be part of the record as the committee considers amendments or scheduling for executive action.

Less critical detail: speakers included a mix of conservation groups, student government, composting businesses and hospitality industry representatives. Several testifiers provided written materials to the committee and emphasized that composting infrastructure and local manufacturers are growing in Montana.