Red-state governor shoots down bill banning this common hospitality industry item

Montana Gov. Greg Gianforte vetoed legislation that would largely ban Styrofoam containers, dubbing it "textbook government overreach."

House Bill 477 would phase out the use of the containers by 2030, but starting in 2028 for restaurants and the hospitality industry. Introduced by Democrat state Rep. Marilyn Marler, the legislation garnered some bipartisan support in the Republican-majority legislature.

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"Our state should remain a sanctuary for freedom and free enterprise, and let high taxes, high spending, and hyper-regulation remain a feature of deep blue, progressive states," the Republican wrote in his veto letter, citing how various blue states like California and Washington have imposed similar regulations.

"Frankly, I was surprised to receive House Bill 477 which dictates to restaurants, food establishments, bakeries, resorts, hotels, and others what they can and can't use to package food and drinks," he continued.

Proponents of the legislation argued that the material poses a health and environmental risk, and many places have already stopped using Styrofoam, according to KTVQ. 

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The bill stated that polystyrene foam "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."

The proposal included a few exceptions but would require an application for using the foam as it relates to "transportation; construction; health; or safety."

"Finally, if policymakers are trying to get rid of Styrofoam, which I'm not, why only target restaurants and food-service establishments? Why not packaging supplies? Though I'm not advocating such an approach, targeting one industry that uses Styrofoam and not another seems inconsistent with the purported purpose of House Bill 477," the governor wrote.

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"The state banning Styrofoam is costly government overreach," Gianforte said, saying it would cost taxpayers an estimated $300,000 through a new Montana Department of Environmental Quality program and could create additional costs for consumers if businesses are forced to make the switch.

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"I enjoy hot coffee in a Styrofoam cup because it keeps it hot. And this bill is a hot mess," he said in a video posted to X on Monday.