Colorado 2022 Regular Session

Colorado House Bill HB1134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0111.01 Jennifer Berman x3286
8	8	HOUSE BILL 22-1134
9	9	House Committees Senate Committees
10	10	Business Affairs & Labor
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING MEASURES TO REDUCE THE USE OF SINGLE -USE MEAL101
14	14	ACCESSORIES.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill specifies that, commencing January 1, 2023, a retail food
23	23	establishment or third-party food delivery service (service) may provide
24	24	a customer with single-use food serviceware or a single-use condiment
25	25	that accompanies food ordered for delivery or carryout only if the
26	26	customer requests single-use food serviceware or a single-use condiment
27	27	or confirms that the customer wants single-use food serviceware or a
28	28	HOUSE SPONSORSHIP
29	29	Titone, Boesenecker, Cutter, Hooton, Lontine, Woodrow, Young
30	30	SENATE SPONSORSHIP
31	31	Priola,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. single-use condiment when offered, with limited exceptions.
35	35	Be it enacted by the General Assembly of the State of Colorado:1
36	36	SECTION 1. In Colorado Revised Statutes, amend 25-17-502 as2
37	37	follows:3
38	38	25-17-502. Legislative declaration. The general assembly finds,4
39	39	determines, and declares that limiting the use of single-use plastic5
40	40	carryout bags and expanded polystyrene products will mitigate the6
41	41	harmful effects on our state's natural resources and our environment that7
42	42	result from disposing of these products in our landfills.8
43	43	SECTION 2. In Colorado Revised Statutes, amend 25-17-508 as9
44	44	follows:10
45	45	25-17-508. Local government regulation - preemption. (1) On11
46	46	and after July 1, 2024, a local government may enact, implement, or12
47	47	enforce any ordinance, resolution, rule, or charter provision that is as13
48	48	stringent as or more stringent than this part 5.14
49	49	(2) N
50	50	OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, A LOCAL15
51	51	GOVERNMENT THAT , ON OR BEFORE JANUARY 1, 2022, ENACTED ANY16
52	52	ORDINANCE, RESOLUTION, RULE, OR CHARTER PROVISION THAT IS AS17
53	53	STRINGENT AS OR MORE STRINGENT THAN SECTION 25-17-510 MAY18
54	54	CONTINUE TO IMPLEMENT AND ENFORCE THE ORDINANCE , RESOLUTION,19
55	55	RULE, OR CHARTER PROVISION.20
56	56	SECTION 3. In Colorado Revised Statutes, add 25-17-510 as21
57	57	follows:22
58	58	25-17-510. Provision of single-use condiments and single-use23
59	59	food serviceware for delivery or carryout upon request - exemptions24
60	60	- enforcement - definitions. (1) C
61	61	OMMENCING JANUARY 1, 2023, IF A25
62	62	HB22-1134-2- CUSTOMER ORDERS FOOD FROM A RETAIL FOOD ESTABLISHMENT OR1
63	63	THROUGH A THIRD-PARTY FOOD DELIVERY SERVICE PLATFORM FOR2
64	64	DELIVERY OR CARRYOUT, THE RETAIL FOOD ESTABLISHMENT OR SERVICE3
65	65	MAY PROVIDE THE CUSTOMER WITH SINGLE -USE FOOD SERVICEWARE OR4
66	66	A SINGLE-USE CONDIMENT ONLY IF:5
67	67	(a) T
68	68	HE CUSTOMER REQUESTS SINGLE-USE FOOD SERVICEWARE OR6
69	69	A SINGLE-USE CONDIMENT; OR7
70	70	(b) T
71	71	HE CUSTOMER CONFIRMS WHEN OFFERED SINGLE -USE8
72	72	SERVICEWARE OR A SINGLE-USE CONDIMENT THAT THE CUSTOMER WANTS9
73	73	THE SINGLE-USE SERVICEWARE OR SINGLE-USE CONDIMENT.10
74	74	(2) N
75	75	OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, A RETAIL11
76	76	FOOD ESTABLISHMENT MAY PROVIDE A CUSTOMER WITH SINGLE -USE FOOD12
77	77	SERVICEWARE USED FOR THE PREVENTION OF SPILLS , WHETHER AT A13
78	78	DRIVE-THROUGH FOR THE CUSTOMER 'S TRANSPORT OF FOOD FOR OFF-SITE14
79	79	CONSUMPTION OR THROUGH DELIVERY OF FOOD BY A RETAIL FOOD15
80	80	ESTABLISHMENT OR BY A THIRD-PARTY FOOD DELIVERY SERVICE. IN ALL16
81	81	OTHER CIRCUMSTANCES, A RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY17
82	82	FOOD DELIVERY SERVICE MAY PROVIDE A CUSTOMER WITH SINGLE -USE18
83	83	FOOD SERVICEWARE USED FOR THE PREVENTION OF SPILLS ONLY UPON19
84	84	REQUEST.20
85	85	(3) C
86	86	OMMENCING JANUARY 1, 2023, A RETAIL FOOD21
87	87	ESTABLISHMENT OR THIRD-PARTY FOOD DELIVERY SERVICE, WITH RESPECT22
88	88	TO A CUSTOMER'S USE OF A THIRD-PARTY FOOD DELIVERY SERVICE23
89	89	PLATFORM, SHALL PROVIDE THE CUSTOMER THE ABILITY TO SELECT FROM24
90	90	THE RETAIL FOOD ESTABLISHMENT 'S MENU THE SINGLE -USE FOOD25
91	91	SERVICEWARE OR SINGLE-USE CONDIMENTS THAT ARE MADE AVAILABLE26
92	92	TO CUSTOMERS AND THAT THE CUSTOMER WANTS INCLUDED WITH THE27
93	93	HB22-1134
94	94	-3- CUSTOMER'S FOOD ORDER.1
95	95	(4) T
96	96	HIS SECTION DOES NOT APPLY TO:2
97	97	(a) S
98	98	INGLE-USE FOOD SERVICEWARE OR SINGLE-USE CONDIMENTS3
99	99	PROVIDED AT A SELF-SERVICE STATION THAT IS LOCATED WITHIN A RETAIL4
100	100	FOOD ESTABLISHMENT OR IS LOCATED AT A SPECIAL EVENT ; EXCEPT THAT5
101	101	A RETAIL FOOD ESTABLISHMENT OR SPECIAL EVENT WITH A SELF -SERVICE6
102	102	STATION IS ENCOURAGED TO OFFER BULK DISPENSERS FOR CONDIMENTS AT7
103	103	THE SELF-SERVICE STATION;8
104	104	(b) M
105	105	EALS PROVIDED AS PART OF A SOCIAL SERVICE PROGRAM9
106	106	DIRECTED AT SERVING ONE OR MORE VULNERABLE POPULATIONS , SUCH AS10
107	107	SCHOOL CHILDREN IN INCOME -ELIGIBLE HOUSEHOLDS , PERSONS11
108	108	EXPERIENCING HOMELESSNESS , OR THE ELDERLY;12
109	109	(c) A
110	110	RETAIL FOOD ESTABLISHMENT LOCATED WITHIN AN AIRPORT13
111	111	IF THE AIRPORT IS OPEN TO THE PUBLIC; AND14
112	112	(d) M
113	113	EALS PROVIDED TO GUESTS STAYING IN A HOTEL , LODGING15
114	114	HOUSE, OR ROOMING HOUSE.16
115	115	(5) N
116	116	OTHING IN THIS SECTION AUTHORIZES THE PROVISION OF A17
117	117	SINGLE-USE PLASTIC CARRYOUT BAG OR EXPANDED POLYSTYRENE IN A18
118	118	MANNER THAT WOULD VIOLATE SECTION 25-17-504, 25-17-505, OR19
119	119	25-17-506.20
120	120	(6) A
121	121	S USED IN THIS SECTION:21
122	122	(a) "H
123	123	OTEL" MEANS ANY ESTABLISHMENT WITH SLEEPING ROOMS22
124	124	FOR THE ACCOMMODATION OF GUESTS AND HAVING RESTAURANT23
125	125	FACILITIES.24
126	126	(b) (I) "R
127	127	ETAIL FOOD ESTABLISHMENT " HAS THE MEANING SET25
128	128	FORTH IN SECTION 25-4-1602 (14); EXCEPT THAT "RETAIL FOOD26
129	129	ESTABLISHMENT" ALSO INCLUDES:27
130	130	HB22-1134
131	131	-4- (A) FARMERS' MARKETS AND ROADSIDE MARKETS ;1
132	132	(B) E
133	133	STABLISHMENTS PREDOMINATELY PREPARING AND SERVING2
134	134	HOT COFFEE, HOT TEA, OR OTHER BEVERAGES;3
135	135	(C) E
136	136	STABLISHMENTS THAT HANDLE ONLY PREPACKAGED FOOD4
137	137	AND OPERATIONS SERVING ONLY COMMERCIALLY PREPARED ,5
138	138	PREPACKAGED FOODS REQUIRING NO PREPARATION OTHER THAN THE6
139	139	HEATING OF FOOD WITHIN ITS ORIGINAL CONTAINER OR PACKAGE ; AND7
140	140	(D) A
141	141	HOME, COMMERCIAL, PRIVATE, OR PUBLIC KITCHEN IN8
142	142	WHICH A PERSON PRODUCES FOOD PR ODUCTS SOLD DIRECTLY TO9
143	143	CONSUMERS PURSUANT TO THE "COLORADO COTTAGE FOODS ACT",10
144	144	SECTION 25-4-1614.11
145	145	(II) T
146	146	O THE EXTENT A RETAIL FOOD ESTABLISHMENT IS ALSO A12
147	147	STORE, THE EXEMPTION FOR SMALL STORES SET FORTH IN SECTION13
148	148	25-17-503 (14)(c)
149	149	DOES NOT APPLY TO THIS SECTION.14
150	150	(c) "S
151	151	INGLE USE" MEANS DESIGNED TO BE USED ONCE AND THEN15
152	152	DISCARDED.16
153	153	(d) (I) "S
154	154	INGLE-USE CONDIMENT" MEANS A PACKAGED ,17
155	155	SINGLE-SERVING CONDIMENT, SUCH AS RELISH, A SPICE, A SAUCE, A18
156	156	CONFECTION, OR A SEASONING, THAT:19
157	157	(A) D
158	158	OES NOT REQUIRE ADDITIONAL PREPARATION ;20
159	159	(B) I
160	160	S USED ON FOOD; AND21
161	161	(C) I
162	162	S INTENDED FOR A SINGLE USE.22
163	163	(II) "S
164	164	INGLE-USE CONDIMENT" INCLUDES KETCHUP, MUSTARD,23
165	165	MAYONNAISE, SOY SAUCE, HOT SAUCE, SALSA, SYRUP, JAM, JELLY, SUGAR,24
166	166	SALT, PEPPER, SWEETENER, OR CHILI PEPPER.25
167	167	(e) (I) "S
168	168	INGLE-USE FOOD SERVICEWARE" MEANS A SINGLE-USE26
169	169	ITEM THAT A RETAIL FOOD ESTABLISHMENT OR THIRD -PARTY FOOD27
170	170	HB22-1134
171	171	-5- DELIVERY SERVICE PROVIDES A CUSTOMER TO ASSIST THE CUSTOMER IN1
172	172	CONSUMING FOOD THAT THE RETAIL FOOD ESTABLISHMENT OR2
173	173	THIRD-PARTY FOOD DELIVERY SERVICE PROVIDED THE CUSTOMER .3
174	174	(II) "S
175	175	INGLE-USE FOOD SERVICEWARE" INCLUDES A SINGLE-USE4
176	176	UTENSIL, NAPKIN, CONDIMENT CUP OR PACKET, STRAW, STIRRER, LID, CUP,5
177	177	SLEEVE, SPILL PLUG, TRAY, COCKTAIL STICK, OR SET OF CHOPSTICKS.6
178	178	(f) "S
179	179	PECIAL EVENT" MEANS AN ORGANIZED EVENT OR7
180	180	CELEBRATION AT WHICH RETAIL FOOD ESTABLISHMENTS PREPARE , SERVE,8
181	181	OR OTHERWISE PROVIDE FOOD FOR HUMAN CONSUMPTION .9
182	182	(g) "S
183	183	PILL PLUG", ALSO KNOWN AS A "SPLASH STICK", MEANS A10
184	184	PIECE OF PLASTIC THAT IS INSERTED INTO A BEVERAGE LID TO PREVENT11
185	185	SPILLS.12
186	186	(h) "T
187	187	HIRD-PARTY FOOD DELIVERY SERVICE" OR "SERVICE" MEANS13
188	188	ANY COMPANY OR WEBSITE , MOBILE APPLICATION, OR OTHER INTERNET14
189	189	SERVICE THAT OFFERS OR ARRANGES FOR THE SALE AND SAME -DAY15
190	190	DELIVERY OR SAME-DAY CARRYOUT OF PREPARED FOOD OR BEVERAGES16
191	191	FROM A RETAIL FOOD ESTABLISHMENT .17
192	192	(i) "T
193	193	HIRD-PARTY FOOD DELIVERY SERVICE PLATFORM " OR18
194	194	"
195	195	PLATFORM" MEANS A THIRD-PARTY FOOD DELIVERY SERVICE'S ONLINE OR19
196	196	MOBILE PLATFORM ON WHICH A CONSUMER CAN VIEW AND ORDER20
197	197	AVAILABLE PRODUCTS.21
198	198	SECTION 4. Act subject to petition - effective date. This act22
199	199	takes effect at 12:01 a.m. on the day following the expiration of the23
200	200	ninety-day period after final adjournment of the general assembly; except24
201	201	that, if a referendum petition is filed pursuant to section 1 (3) of article V25
202	202	of the state constitution against this act or an item, section, or part of this26
203	203	act within such period, then the act, item, section, or part will not take27
204	204	HB22-1134
205	205	-6- effect unless approved by the people at the general election to be held in1
206	206	November 2022 and, in such case, will take effect on the date of the2
207	207	official declaration of the vote thereon by the governor.3
208	208	HB22-1134
209	209	-7-