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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0869.01 Clare Haffner x6137 SENATE BILL 26-146
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING RESTRICTING THE DISTRIBUTION OF SINGLE-USE FOOD101
SERVICEWARE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Under current law, the "Plastic Pollution Reduction Act" includes
restrictions on the use and distribution of single-use plastic carryout bags
and expanded polystyrene food containers.
The bill expands the "Plastic Pollution Reduction Act" by
prohibiting, on and after January 1, 2027, a retail food establishment or
third-party food delivery service from providing single-use food
SENATE SPONSORSHIP
Cutter,
HOUSE SPONSORSHIP
Froelich,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
serviceware to a customer unless the customer requests single-use food
serviceware or confirms that the customer wants single-use food
serviceware when offered. The bill specifies certain exceptions.
The department of public health and environment (department) is
required to, on or before January 1, 2027, establish a page on the
department's public website that includes a description of the
requirements set forth in the bill and the existing enforcement mechanism
included in the "Plastic Pollution Reduction Act".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 25-17-502 as2
follows:3
25-17-502. Legislative declaration.4
(1) The general assembly finds, determines, and declares that5
limiting the use of single-use plastic carryout bags and expanded6
polystyrene products will mitigate the harmful effects on our state's7
natural resources and our environment that result from disposing of these8
products in our landfills.9
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:10
(a) C USTOMERS ARE INCREASINGLY FRUSTRATED WITH THE11
AMOUNT OF SINGLE -USE ITEMS THEY RECEIVE WITH FOOD -SERVICE12
ORDERS;13
(b) M OST SINGLE -USE PLASTIC ITEMS , INCLUDING CONDIMENT14
PACKAGES AND UTENSILS, ARE NOT RECYCLABLE OR COMPOSTABLE, YET15
THEY ARE COMMONLY PLACED IN RECYCLING AND COMPOST STREAMS ,16
BECOMING CONTAMINANTS AND CREATING FINANCIAL HARDSHIP FOR17
COLORADO RECYCLING AND COMPOSTING BUSINESSES. THIS CONFUSION18
AND CONTAMINATION IS EXACERBATED WHEN RETAIL FOOD19
ESTABLISHMENTS PROVIDE A MIXTURE OF RECYCLABLE , CERTIFIED20
COMPOSTABLE, NONCOMPOSTABLE , AND NONRECYCLABLE SINGLE -USE21
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PRODUCTS TO CUSTOMERS.1
(c) A STATEWIDE REQUIREMENT FOR RETAIL FOOD2
ESTABLISHMENTS TO ASK BEFORE PROVIDING SINGLE -USE FOOD3
SERVICEWARE, INCLUDING SINGLE-USE CONDIMENTS, WILL REDUCE THE4
AMOUNT OF UNWANTED ITEMS PROVIDED TO CUSTOMERS, REDUCE PLASTIC5
WASTE, AND SAVE FOOD RETAILERS HUNDREDS OR T HOUSANDS OF6
DOLLARS PER YEAR; AND7
(d) ADOPTING A STATEWIDE "ASK FIRST FOR SINGLE-USE ITEMS"8
POLICY WILL CREATE A MORE CONSISTENT FRAMEWORK FOR RETAIL FOOD9
ESTABLISHMENTS THAT CAN DRIVE BEHAVIOR CHANGE ACROSS10
COLORADO.11
SECTION 2. In Colorado Revised Statutes, 25-17-503, amend12
(9)(b) and (14)(c); and add (2.5), (4.5), (11.3), (11.5), (13.3), (13.5),13
(14)(d), (15), and (16) as follows:14
25-17-503. Definitions.15
As used in this part 5, unless the context otherwise requires:16
(2.5) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH17
AND ENVIRONMENT CREATED IN SECTION 25-1-102.18
(4.5) "H OTEL" MEANS AN ESTABLISHMENT THAT HAS SLEEPING19
ROOMS FOR THE ACCOMMODATION OF GUESTS AND RESTAURANT20
FACILITIES.21
(9) (b) "Retail food establishment" does not include farmers22
markets and roadside markets as described in section 25-4-1602 (14)(j).23
FOR THE PURPOSES OF SECTION 25-17-510, "RETAIL FOOD24
ESTABLISHMENT" INCLUDES:25
(I) FARMERS' MARKETS AND ROADSIDE MARKETS; AND26
(II) A HOME, COMMERCIAL, PRIVATE, OR PUBLIC KITCHEN IN WHICH27
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A PERSON PRODUCES FOOD PRODUCTS SOLD DIRECTLY TO CONSUMERS1
PURSUANT TO THE "COLORADO COTTAGE FOODS ACT", SECTION2
25-4-1614.3
(11.3) (a) "S INGLE -USE CONDIMENT " MEANS A4
FACTORY-PACKAGED CONDIMENT , SUCH AS A RELISH , SPICE , SAUCE ,5
CONFECTION, OR SEASONING, THAT:6
(I) DOES NOT REQUIRE ADDITIONAL PREPARATION;7
(II) IS INTENDED FOR USE ON FOOD; AND8
(III) IS INTENDED FOR A SINGLE USE.9
(b) "S INGLE-USE CONDIMENT " INCLUDES KETCHUP , MUSTARD ,10
MAYONNAISE, CREAMER, BUTTER, SOY SAUCE, HOT SAUCE, SALSA, SYRUP,11
JAM, JELLY, SUGAR, SALT, PEPPER, SWEETENER, OR CHILI PEPPER.12
(11.5) (a) "SINGLE-USE FOOD SERVICEWARE" MEANS AN ITEM THAT13
A RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY FOOD DELIVERY SERVICE14
PROVIDES TO A CUSTOMER TO ASSIST THE CUSTOMER IN CONSUMING FOOD15
THAT THE RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY FOOD DELIVERY16
SERVICE PROVIDES TO THE CUSTOMER , WHICH ITEM IS DESIGNED TO BE17
USED ONCE AND THEN DISCARDED.18
(b) "S INGLE-USE FOOD SERVICEWARE " INCLUDES A UTENSIL ,19
NAPKIN, SINGLE-USE CONDIMENT, STRAW, STIRRER, LID, CUP SLEEVE, SPILL20
PLUG, SPLASH STICK, TRAY, COCKTAIL STICK, OR PAIR OF CHOPSTICKS.21
(c) "S INGLE-USE FOOD SERVICEWARE " DOES NOT INCLUDE22
PACKAGING, SUCH AS A BOWL, CUP, LID, OR CLAMSHELL CONTAINER, THAT23
IS NECESSARY TO CONTAIN FOOD AT THE TIME THE FOOD IS PROVIDED TO24
A CUSTOMER THROUGH A DELIVERY ORDER.25
(13.3) "S PECIAL EVENT " MEANS AN ORGANIZED EVENT OR26
CELEBRATION FOR WHICH A RETAIL FOOD ESTABLISHMENT PREPARES ,27
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SERVES, OR OTHERWISE PROVIDES FOOD FOR HUMAN CONSUMPTION.1
(13.5) "SPILL PLUG" OR "SPLASH STICK" MEANS A PIECE OF PLASTIC2
THAT IS INSERTED INTO A BEVERAGE LID TO PREVENT SPILLS.3
(14) (c) "Store" does not include a small store, EXCEPT AS4
PROVIDED IN SUBSECTION (14)(d) OF THIS SECTION.5
(d) FOR THE PURPOSES OF SECTION 25-17-510, FOR A RETAIL FOOD6
ESTABLISHMENT THAT IS ALSO A STORE , "STORE" INCLUDES A SMALL7
STORE.8
(15) "THIRD-PARTY FOOD DELIVERY SERVICE" MEANS A COMPANY9
OR WEBSITE, MOBILE APPLICATION , OR OTHER INTERNET SERVICE THAT10
OFFERS OR ARRANGES FOR THE SALE AND DELIVERY OR CARRYOUT OF11
PREPARED FOOD OR BEVERAGES FROM A RETAIL FOOD ESTABLISHMENT.12
(16) "T HIRD-PARTY FOOD DELIVERY SERVICE PLATFORM " OR13
"PLATFORM" MEANS A THIRD-PARTY FOOD DELIVERY SERVICE'S ONLINE OR14
MOBILE PLATFORM ON WHICH A CUSTOMER CAN VIEW AND ORDER15
AVAILABLE PRODUCTS.16
SECTION 3. In Colorado Revised Statutes, add 25-17-510 as17
follows:18
25-17-510. Single-use food serviceware - exemptions -19
department responsibilities - definition.20
(1) ON AND AFTER JANUARY 1, 2027:21
(a) W HEN A CUSTOMER ORDERS FOOD FROM A RETAIL FOOD22
ESTABLISHMENT OR THROUGH A THIRD -PARTY FOOD DELIVERY SERVICE23
PLATFORM FOR DELIVERY OR CARRYOUT , THE RETAIL FOOD24
ESTABLISHMENT OR THIRD -PARTY FOOD DELIVERY SERVICE SHALL NOT25
PROVIDE THE CUSTOMER WITH SINGLE -USE FOOD SERVICEWARE UNLESS26
THE CUSTOMER:27
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(I) REQUESTS SINGLE-USE FOOD SERVICEWARE; OR1
(II) C ONFIRMS THAT THE CUSTOMER WANTS SINGLE -USE FOOD2
SERVICEWARE AFTER BEING OFFERED SINGLE-USE FOOD SERVICEWARE BY3
AN EMPLOYEE OF THE RETAIL FOOD ESTABLISHMENT OR THROUGH THE4
THIRD-PARTY FOOD DELIVERY SERVICE PLATFORM;5
(b) A RETAIL FOOD ESTABLISHMENT OR THIRD -PARTY FOOD6
DELIVERY SERVICE SHALL NOT CREATE , ACQUIRE , OR PROVIDE A7
CUSTOMER WITH A BUNDLED PACKAGE THAT CONTAINS MORE THAN ONE8
TYPE OF SINGLE-USE FOOD SERVICEWARE ITEM; AND9
(c) A RETAIL FOOD ESTABLISHMENT OR THIRD -PARTY FOOD10
DELIVERY SERVICE SHALL ENABLE A CUSTOMER THAT USES A THIRD-PARTY11
FOOD DELIVERY SERVICE PLATFORM TO SELECT THE SINGLE -USE FOOD12
SERVICEWARE OFFERED BY THE RETAIL FOOD ESTABLISHMENT THAT THE13
CUSTOMER WANTS INCLUDED WITH THE CUSTOMER'S FOOD ORDER.14
(2) A THIRD-PARTY FOOD DELIVERY SERVICE IS IN COMPLIANCE15
WITH THIS SECTION IF:16
(a) THE DEFAULT OF THE THIRD-PARTY FOOD DELIVERY SERVICE'S17
PLATFORM IS NOT TO PROVIDE SINGLE-USE FOOD SERVICEWARE;18
(b) THE ONLINE ORDERING PROCESS ALLOWS FOR A CUSTOMER TO19
CLEARLY INDICATE WHICH SINGLE -USE FOOD SERVICEWARE THE20
CUSTOMER WANTS; AND21
(c) T HE THIRD -PARTY FOOD DELIVERY SERVICE 'S PLATFORM22
CLEARLY COMMUNICATES TO THE RETAIL FOOD ESTABLISHMENT23
FULFILLING THE ORDER WHICH SINGLE-USE FOOD SERVICEWARE ITEMS, IF24
ANY, THE CUSTOMER REQUESTED.25
(3) THIS SECTION DOES NOT APPLY TO THE FOLLOWING, THOUGH26
ALL FOOD ESTABLISHMENTS ARE ENCOURAGED TO COMPLY WITH THIS27
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SECTION:1
(a) SINGLE-USE FOOD SERVICEWARE PROVIDED AT A SELF-SERVICE2
STATION LOCATED WITHIN A RETAIL FOOD ESTABLISHMENT OR AT A3
SPECIAL EVENT. A RETAIL FOOD ESTABLISHMENT OR SPECIAL EVENT WITH4
A SELF-SERVICE STATION IS ENCOURAGED TO OFFER BULK CONDIMENT5
DISPENSERS AT THE SELF -SERVICE STATION, PROVIDE ONLY SINGLE -USE6
FOOD SERVICEWARE THAT IS LIKELY TO BE NECESSARY FOR THE FOOD7
SERVED, AND NOT BUNDLE SINGLE-USE FOOD SERVICEWARE.8
(b) M EALS PROVIDED AS PART OF A SOCIAL SERVICE PROGRAM9
DIRECTED AT SERVING ONE OR MORE VULNERABLE POPULATIONS, SUCH AS10
SCHOOLCHILDREN IN INCOME -ELIGIBLE HOUSEHOLDS , INDIVIDUALS11
EXPERIENCING HOMELESSNESS, OR ELDERLY INDIVIDUALS;12
(c) A RETAIL FOOD ESTABLISHMENT LOCATED WITHIN A PUBLIC13
AIRPORT;14
(d) MEALS PROVIDED TO GUESTS STAYING AT A HOTEL, LODGING15
HOUSE, OR ROOMING HOUSE; OR16
(e) SINGLE-USE FOOD SERVICEWARE INTENDED TO PREVENT SPILLS17
THAT IS PROVIDED BY A RETAIL FOOD ESTABLISHMENT AT A18
DRIVE-THROUGH OR FOR CARRYOUT FOR A CUSTOMER 'S TRANSPORT OF19
FOOD FOR OFF-SITE CONSUMPTION OR PROVIDED FOR DELIVERY OF FOOD20
BY A RETAIL FOOD ESTABLISHMENT OR A THIRD -PARTY FOOD DELIVERY21
SERVICE.22
(4) NOTHING IN THIS SECTION:23
(a) A UTHORIZES THE DISTRIBUTION OF SINGLE -USE PLASTIC24
CARRYOUT BAGS OR EXPANDED POLYSTYRENE PRODUCTS IN A MANNER25
THAT VIOLATES THIS PART 5; OR26
(b) PROHIBITS AN EMPLOYEE OF A RETAIL FOOD ESTABLISHMENT27
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OR THIRD-PARTY FOOD DELIVERY SERVICE FROM OFFERING A CUSTOMER1
SINGLE-USE FOOD SERVICEWARE.2
(5) O N OR BEFORE JANUARY 1, 2027, THE DEPARTMENT SHALL3
ESTABLISH A PAGE ON THE DEPARTMENT 'S PUBLIC WEBSITE THAT4
INCLUDES A DESCRIPTION OF THE REQUIREMENTS OF THIS SECTION AND5
THE ENFORCEMENT MECHANISM SET FORTH IN SECTION 25-17-507.6
(6) A S USED IN THIS SECTION , "BULK CONDIMENT DISPENSER "7
MEANS A REFILLABLE, SELF-SERVICE CONTAINER OR APPARATUS DESIGNED8
TO HOLD AND DISPENSE TO A CUSTOMER , ON AN AS -NEEDED BASIS ,9
CONDIMENTS SUCH AS SAUCES, SPICES, OR SEASONINGS.10
SECTION 4. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly (August13
12, 2026, if adjour nment sine die is on May 13, 2026); except that, if a14
referendum petition is filed pursuant to section 1 (3) of article V of the15
state constitution against this act or an item, section, or part of this act16
within such period, then the act, item, section, or part will not take effect17
unless approved by the people at the general election to be held in18
November 2026 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
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