SB 146

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     SENATE BILL 26-146
     BY SENATOR(S) Cutter, Ball, Gonzales J., Jodeh, Kipp, Snyder, Wallace,
     Coleman;
     also REPRESENTATIVE(S) Froelich, Brown, Lindsay, Nguyen, Smith,
     Story, Titone, Willford.
     CONCERNING RESTRICTING THE DISTRIBUTION OF SINGLE-USE FOOD
          SERVICEWARE.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1. In Colorado Revised Statutes, amend 25-17-502 as
     follows:
             25-17-502. Legislative declaration.
             (1) The general assembly finds, determines, and declares that
     limiting the use of single-use plastic carryout bags and expanded
     polystyrene products will mitigate the harmful effects on our state's natural
     resources and our environment that result from disposing of these products
     in our landfills.
             (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
      (a) MOST SINGLE-USE PLASTIC ITEMS, INCLUDING CONDIMENT
PACKAGES AND UTENSILS, ARE NOT RECYCLABLE OR COMPOSTABLE, YET
THEY ARE COMMONLY PLACED IN RECYCLING AND COMPOST STREAMS,
BECOMING CONTAMINANTS AND CREATING FINANCIAL HARDSHIP FOR
COLORADO RECYCLING AND COMPOSTING BUSINESSES. THIS CONFUSION AND
CONTAMINATION IS EXACERBATED WHEN RETAIL FOOD ESTABLISHMENTS
PROVIDE A MIXTURE OF RECYCLABLE, CERTIFIED COMPOSTABLE,
NONCOMPOSTABLE, AND NONRECYCLABLE SINGLE-USE PRODUCTS TO
CUSTOMERS.
      (b) A STATEWIDE REQUIREMENT FOR RETAIL FOOD ESTABLISHMENTS
TO ASK BEFORE PROVIDING SINGLE-USE FOOD SERVICEWARE, INCLUDING
SINGLE-USE CONDIMENTS, WILL REDUCE THE AMOUNT OF UNWANTED ITEMS
PROVIDED TO CUSTOMERS, REDUCE PLASTIC WASTE, AND SAVE FOOD
RETAILERS HUNDREDS OR THOUSANDS OF DOLLARS PER YEAR;
      (c) ADOPTING A STATEWIDE "ASK FIRST FOR SINGLE-USE ITEMS"
POLICY WILL CREATE A MORE CONSISTENT FRAMEWORK FOR RETAIL FOOD
ESTABLISHMENTS THAT CAN DRIVE BEHAVIOR CHANGE ACROSS COLORADO;
      (d) ENCOURAGING THE USE OF DURABLE GOODS RATHER THAN
SINGLE-USE PLASTIC ITEMS WOULD DRAMATICALLY REDUCE PLASTIC
POLLUTION AND LEAD TO LONG-TERM BEHAVIOR CHANGE; AND
      (e) MANY SINGLE-USE PLASTIC ITEMS CONTAIN TOXIC ADDITIVES
SUCH AS PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS, EVEN
THOUGH HOUSE BILL 22-1345, ENACTED IN 2022, AND SENATE BILL 24-081,
ENACTED IN 2024, PROHIBIT THE INTENTIONAL INCLUSION OF
PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS, WHICH ARE WIDELY
RECOGNIZED AS ENVIRONMENTAL TOXICANTS HARMFUL TO HUMAN HEALTH.
      (3) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:
      (a) THE IMPACTS OF SINGLE-USE PLASTIC ITEMS CONSTITUTE AN
ENVIRONMENTAL JUSTICE ISSUE THAT DISPROPORTIONATELY BURDENS
COMMUNITIES IDENTIFIED AS DISPROPORTIONATELY IMPACTED
COMMUNITIES, AS DEFINED IN SECTION 24-4-109 AND ENACTED THROUGH
THE "ENVIRONMENTAL JUSTICE ACT", AS ENACTED IN 2021 BY HOUSE BILL
21-1266. THESE COMMUNITIES INCLUDE THOSE WITH HIGHER PROPORTIONS
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OF LOW-INCOME HOUSEHOLDS, COMMUNITIES OF COLOR, AND THOSE
EXPERIENCING CUMULATIVE ENVIRONMENTAL AND SOCIOECONOMIC
STRESSORS, AS WELL AS COMMUNITIES WITH A HISTORY OF ENVIRONMENTAL
RACISM AND SYSTEMIC DISINVESTMENT.
      (b)   EMISSIONS AND POLLUTION ASSOCIATED WITH SINGLE-USE
PLASTIC ITEMS OCCUR ACROSS THE FULL LIFE CYCLE OF PLASTIC PRODUCTION
AND DISPOSAL, INCLUDING AT EXTRACTION SITES, REFINING FACILITIES,
PETROCHEMICAL MANUFACTURING PLANTS, PRODUCT MANUFACTURING
FACILITIES, AND LANDFILLS. THESE CUMULATIVE IMPACTS CONTRIBUTE TO
PERSISTENT DISPARITIES IN AIR QUALITY, WATER CONTAMINATION, AND SOIL
DEGRADATION IN DISPROPORTIONATELY IMPACTED COMMUNITIES.
       SECTION 2. In Colorado Revised Statutes, 25-17-503, amend
(9)(b) and (14)(c); and add (2.5), (4.5), (11.3), (11.5), (13.3), (13.5),
(14)(d), (15), and (16) as follows:
      25-17-503. Definitions.
      As used in this part 5, unless the context otherwise requires:
      (2.5) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT CREATED IN SECTION 25-1-102.
     (4.5) "HOTEL" MEANS AN ESTABLISHMENT THAT HAS SLEEPING
ROOMS FOR THE ACCOMMODATION OF GUESTS AND RESTAURANT FACILITIES.
      (9) (b) "Retail food establishment" does not include farmers markets
and roadside markets as described in section 25-4-1602 (14)(j). FOR THE
PURPOSES OF SECTION 25-17-510, "RETAIL FOOD ESTABLISHMENT"
INCLUDES:
      (I) FARMERS' MARKETS AND ROADSIDE MARKETS; AND
      (II) A HOME, COMMERCIAL, PRIVATE, OR PUBLIC KITCHEN IN WHICH
A PERSON PRODUCES FOOD PRODUCTS SOLD DIRECTLY TO CONSUMERS
PURSUANT TO THE "COLORADO COTTAGE FOODS ACT", SECTION 25-4-1614.
     (11.3) (a) "SINGLE-USE CONDIMENT" MEANS A FACTORY-PACKAGED
CONDIMENT, SUCH AS A RELISH, SPICE, SAUCE, CONFECTION, OR SEASONING,
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THAT:
        (I) DOES NOT REQUIRE ADDITIONAL PREPARATION;
        (II) IS INTENDED FOR USE ON FOOD; AND
        (III) IS INTENDED FOR A SINGLE USE.
        (b)  "SINGLE-USE CONDIMENT" INCLUDES KETCHUP, MUSTARD,
MAYONNAISE, CREAMER, BUTTER, SOY SAUCE, HOT SAUCE, SALSA, SYRUP,
JAM, JELLY, SUGAR, SALT, PEPPER, SWEETENER, OR CHILI PEPPER.
      (11.5) (a) "SINGLE-USE FOOD SERVICEWARE" MEANS AN ITEM THAT
A RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY FOOD DELIVERY SERVICE
PROVIDES TO A CUSTOMER TO ASSIST THE CUSTOMER IN CONSUMING FOOD
THAT THE RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY FOOD DELIVERY
SERVICE PROVIDES TO THE CUSTOMER, WHICH ITEM IS DESIGNED TO BE USED
ONCE AND THEN DISCARDED.
      (b) "SINGLE-USE FOOD SERVICEWARE" INCLUDES A UTENSIL, NAPKIN,
SINGLE-USE CONDIMENT, STRAW, STIRRER, LID, CUP SLEEVE, SPILL PLUG,
SPLASH STICK, TRAY, COCKTAIL STICK, OR PAIR OF CHOPSTICKS.
        (c)      "SINGLE-USE
                         FOOD SERVICEWARE" DOES NOT INCLUDE
PACKAGING, SUCH AS A BOWL, CUP, LID, OR CLAMSHELL CONTAINER, THAT
IS NECESSARY TO CONTAIN FOOD AT THE TIME THE FOOD IS PROVIDED TO A
CUSTOMER THROUGH A DELIVERY ORDER.
        (13.3)"SPECIAL EVENT" MEANS AN ORGANIZED EVENT OR
CELEBRATION FOR WHICH A RETAIL FOOD ESTABLISHMENT PREPARES,
SERVES, OR OTHERWISE PROVIDES FOOD FOR HUMAN CONSUMPTION.
      (13.5) "SPILL PLUG" OR "SPLASH STICK" MEANS A PIECE OF PLASTIC
THAT IS INSERTED INTO A BEVERAGE LID TO PREVENT SPILLS.
      (14) (c) "Store" does not include a small store, EXCEPT AS PROVIDED
IN SUBSECTION (14)(d) OF THIS SECTION.
      (d) FOR THE PURPOSES OF SECTION 25-17-510, FOR A RETAIL FOOD
ESTABLISHMENT THAT IS ALSO A STORE, "STORE" INCLUDES A SMALL STORE.
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      (15) "THIRD-PARTY FOOD DELIVERY SERVICE" MEANS A COMPANY OR
WEBSITE, MOBILE APPLICATION, OR OTHER INTERNET SERVICE THAT OFFERS
OR ARRANGES FOR THE SALE AND DELIVERY OR CARRYOUT OF PREPARED
FOOD OR BEVERAGES FROM A RETAIL FOOD ESTABLISHMENT.
      (16)  "THIRD-PARTY FOOD DELIVERY SERVICE PLATFORM" OR
"PLATFORM" MEANS A THIRD-PARTY FOOD DELIVERY SERVICE'S ONLINE OR
MOBILE PLATFORM ON WHICH A CUSTOMER CAN VIEW AND ORDER
AVAILABLE PRODUCTS.
      SECTION 3. In Colorado Revised Statutes, add 25-17-510 as
follows:
      25-17-510.   Single-use food serviceware - exemptions -
department responsibilities - definition.
      (1) ON AND AFTER JANUARY 1, 2027:
      (a) WHEN A CUSTOMER ORDERS FOOD FROM A RETAIL FOOD
ESTABLISHMENT OR THROUGH A THIRD-PARTY FOOD DELIVERY SERVICE
PLATFORM FOR DELIVERY OR CARRYOUT, THE RETAIL FOOD ESTABLISHMENT
OR THIRD-PARTY FOOD DELIVERY SERVICE SHALL NOT PROVIDE THE
CUSTOMER WITH SINGLE-USE FOOD SERVICEWARE UNLESS THE CUSTOMER:
      (I) REQUESTS SINGLE-USE FOOD SERVICEWARE; OR
      (II) CONFIRMS THAT THE CUSTOMER WANTS SINGLE-USE FOOD
SERVICEWARE AFTER BEING ASKED IF THEY WOULD LIKE SINGLE-USE FOOD
SERVICEWARE BY AN EMPLOYEE OF THE RETAIL FOOD ESTABLISHMENT OR
THROUGH THE THIRD-PARTY FOOD DELIVERY SERVICE PLATFORM;
      (b) A RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY FOOD
DELIVERY SERVICE SHALL NOT CREATE, ACQUIRE, OR PROVIDE A CUSTOMER
WITH A BUNDLED PACKAGE THAT CONTAINS MORE THAN ONE TYPE OF
SINGLE-USE FOOD SERVICEWARE ITEM;
      (c) A RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY FOOD
DELIVERY SERVICE SHALL PROVIDE ONLY THE SINGLE-USE FOOD
SERVICEWARE ITEMS REQUESTED OR CONFIRMED BY A CUSTOMER; AND
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      (d) A RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY FOOD
DELIVERY SERVICE SHALL ENABLE A CUSTOMER THAT USES A THIRD-PARTY
FOOD DELIVERY SERVICE PLATFORM TO SELECT THE SINGLE-USE FOOD
SERVICEWARE OFFERED BY THE RETAIL FOOD ESTABLISHMENT THAT THE
CUSTOMER WANTS INCLUDED WITH THE CUSTOMER'S FOOD ORDER.
       (2) A THIRD-PARTY FOOD DELIVERY SERVICE IS IN COMPLIANCE WITH
THIS SECTION IF:
      (a) THE DEFAULT OF THE THIRD-PARTY FOOD DELIVERY SERVICE'S
PLATFORM IS NOT TO PROVIDE SINGLE-USE FOOD SERVICEWARE;
     (b) THE THIRD-PARTY FOOD DELIVERY SERVICE PROVIDES A RETAIL
FOOD ESTABLISHMENT WITH THE OPTION TO ALLOW A CUSTOMER TO
CLEARLY INDICATE WHICH SINGLE-USE FOOD SERVICEWARE THE CUSTOMER
WANTS IN THE ONLINE ORDERING PROCESS; AND
      (c) THE THIRD-PARTY FOOD DELIVERY SERVICE'S PLATFORM CLEARLY
COMMUNICATES TO THE RETAIL FOOD ESTABLISHMENT FULFILLING THE
ORDER WHICH SINGLE-USE FOOD SERVICEWARE ITEMS, IF ANY, THE
CUSTOMER REQUESTED. A THIRD-PARTY FOOD DELIVERY SERVICE IS NOT
LIABLE FOR A RETAIL FOOD ESTABLISHMENT'S FAILURE TO FOLLOW A
CUSTOMER'S REQUEST IF THE THIRD-PARTY FOOD DELIVERY SERVICE
ACCURATELY COMMUNICATED THE CUSTOMER'S REQUEST TO THE RETAIL
FOOD ESTABLISHMENT.
      (3) SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION DO NOT APPLY
TO THE FOLLOWING, THOUGH ALL FOOD ESTABLISHMENTS ARE ENCOURAGED
TO COMPLY WITH SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION:
      (a) SINGLE-USE FOOD SERVICEWARE PROVIDED AT A SELF-SERVICE
STATION LOCATED WITHIN A RETAIL FOOD ESTABLISHMENT OR AT A SPECIAL
EVENT. A RETAIL FOOD ESTABLISHMENT OR SPECIAL EVENT WITH A
SELF-SERVICE STATION IS ENCOURAGED TO OFFER BULK CONDIMENT
DISPENSERS AT THE SELF-SERVICE STATION, PROVIDE ONLY SINGLE-USE FOOD
SERVICEWARE THAT IS LIKELY TO BE NECESSARY FOR THE FOOD SERVED,
AND NOT BUNDLE SINGLE-USE FOOD SERVICEWARE.
      (b) MEALS PROVIDED AS PART OF A SOCIAL SERVICE PROGRAM
DIRECTED AT SERVING ONE OR MORE VULNERABLE POPULATIONS, SUCH AS
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SCHOOLCHILDREN IN INCOME-ELIGIBLE HOUSEHOLDS,  INDIVIDUALS
EXPERIENCING HOMELESSNESS, OR ELDERLY INDIVIDUALS;
      (c) A RETAIL FOOD ESTABLISHMENT LOCATED WITHIN A PUBLIC
AIRPORT;
     (d) MEALS PROVIDED TO GUESTS STAYING AT A HOTEL, LODGING
HOUSE, OR ROOMING HOUSE;
       (e) SINGLE-USE FOOD SERVICEWARE INTENDED TO PREVENT SPILLS
THAT IS PROVIDED BY A RETAIL FOOD ESTABLISHMENT AT A DRIVE-THROUGH
OR FOR CARRYOUT FOR A CUSTOMER'S TRANSPORT OF FOOD FOR OFF-SITE
CONSUMPTION OR PROVIDED FOR DELIVERY OF FOOD BY A RETAIL FOOD
ESTABLISHMENT OR A THIRD-PARTY FOOD DELIVERY SERVICE;
      (f) MEALS PROVIDED TO PATIENTS OR RESIDENTS OF A HEALTH
FACILITY LICENSED OR CERTIFIED BY THE DEPARTMENT PURSUANT TO
SECTION 25-1.5-103 OR CERTIFIED BY THE STATE DEPARTMENT PURSUANT
TO SECTION 25.5-5-412, INCLUDING HOSPITALS, LONG-TERM CARE
FACILITIES, HOSPICE INPATIENT FACILITIES, AND ASSISTED LIVING
RESIDENCES; OR
      (g) SCHOOL CAFETERIAS.
      (4) NOTHING IN THIS SECTION:
      (a)   AUTHORIZES THE DISTRIBUTION OF SINGLE-USE PLASTIC
CARRYOUT BAGS OR EXPANDED POLYSTYRENE PRODUCTS IN A MANNER THAT
VIOLATES THIS PART 5; OR
      (b) PROHIBITS AN EMPLOYEE OF A RETAIL FOOD ESTABLISHMENT OR
THIRD-PARTY FOOD DELIVERY SERVICE FROM OFFERING A CUSTOMER
SINGLE-USE FOOD SERVICEWARE.
      (5) ON OR BEFORE JANUARY 1, 2027, THE DEPARTMENT SHALL
ESTABLISH A PAGE ON THE DEPARTMENT'S PUBLIC WEBSITE THAT INCLUDES
A DESCRIPTION OF THE REQUIREMENTS OF THIS SECTION AND THE
ENFORCEMENT MECHANISM SET FORTH IN SECTION 25-17-507.
      (6) AS USED IN THIS SECTION, "BULK CONDIMENT DISPENSER" MEANS
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A REFILLABLE, SELF-SERVICE CONTAINER OR APPARATUS DESIGNED TO HOLD
AND DISPENSE TO A CUSTOMER, ON AN AS-NEEDED BASIS, CONDIMENTS SUCH
AS SAUCES, SPICES, OR SEASONINGS.
       SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 8-SENATE BILL 26-146
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________  ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
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