Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0111.01 Jennifer Berman x3286
HOUSE BILL 22-1134
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING MEASURES TO REDUCE THE USE OF SINGLE -USE MEAL101
ACCESSORIES.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
.)
The bill specifies that, commencing January 1, 2023, a retail food
establishment or third-party food delivery service (service) may provide
a customer with single-use food serviceware or a single-use condiment
that accompanies food ordered for delivery or carryout only if the
customer requests single-use food serviceware or a single-use condiment
or confirms that the customer wants single-use food serviceware or a
HOUSE SPONSORSHIP
Titone, Boesenecker, Cutter, Hooton, Lontine, Woodrow, Young
SENATE SPONSORSHIP
Priola,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. single-use condiment when offered, with limited exceptions.
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. The general assembly finds,4
determines, and declares that limiting the use of single-use plastic5
carryout bags and expanded polystyrene products will mitigate the6
harmful effects on our state's natural resources and our environment that7
result from disposing of these products in our landfills.8
SECTION 2. In Colorado Revised Statutes, amend 25-17-508 as9
follows:10
25-17-508. Local government regulation - preemption. (1) On11
and after July 1, 2024, a local government may enact, implement, or12
enforce any ordinance, resolution, rule, or charter provision that is as13
stringent as or more stringent than this part 5.14
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, A LOCAL15
GOVERNMENT THAT , ON OR BEFORE JANUARY 1, 2022, ENACTED ANY16
ORDINANCE, RESOLUTION, RULE, OR CHARTER PROVISION THAT IS AS17
STRINGENT AS OR MORE STRINGENT THAN SECTION 25-17-510 MAY18
CONTINUE TO IMPLEMENT AND ENFORCE THE ORDINANCE , RESOLUTION,19
RULE, OR CHARTER PROVISION.20
SECTION 3. In Colorado Revised Statutes, add 25-17-510 as21
follows:22
25-17-510. Provision of single-use condiments and single-use23
food serviceware for delivery or carryout upon request - exemptions24
- enforcement - definitions. (1) C
OMMENCING JANUARY 1, 2023, IF A25
HB22-1134-2- CUSTOMER ORDERS FOOD FROM A RETAIL FOOD ESTABLISHMENT OR1
THROUGH A THIRD-PARTY FOOD DELIVERY SERVICE PLATFORM FOR2
DELIVERY OR CARRYOUT, THE RETAIL FOOD ESTABLISHMENT OR SERVICE3
MAY PROVIDE THE CUSTOMER WITH SINGLE -USE FOOD SERVICEWARE OR4
A SINGLE-USE CONDIMENT ONLY IF:5
(a) T
HE CUSTOMER REQUESTS SINGLE-USE FOOD SERVICEWARE OR6
A SINGLE-USE CONDIMENT; OR7
(b) T
HE CUSTOMER CONFIRMS WHEN OFFERED SINGLE -USE8
SERVICEWARE OR A SINGLE-USE CONDIMENT THAT THE CUSTOMER WANTS9
THE SINGLE-USE SERVICEWARE OR SINGLE-USE CONDIMENT.10
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, A RETAIL11
FOOD ESTABLISHMENT MAY PROVIDE A CUSTOMER WITH SINGLE -USE FOOD12
SERVICEWARE USED FOR THE PREVENTION OF SPILLS , WHETHER AT A13
DRIVE-THROUGH FOR THE CUSTOMER 'S TRANSPORT OF FOOD FOR OFF-SITE14
CONSUMPTION OR THROUGH DELIVERY OF FOOD BY A RETAIL FOOD15
ESTABLISHMENT OR BY A THIRD-PARTY FOOD DELIVERY SERVICE. IN ALL16
OTHER CIRCUMSTANCES, A RETAIL FOOD ESTABLISHMENT OR THIRD-PARTY17
FOOD DELIVERY SERVICE MAY PROVIDE A CUSTOMER WITH SINGLE -USE18
FOOD SERVICEWARE USED FOR THE PREVENTION OF SPILLS ONLY UPON19
REQUEST.20
(3) C
OMMENCING JANUARY 1, 2023, A RETAIL FOOD21
ESTABLISHMENT OR THIRD-PARTY FOOD DELIVERY SERVICE, WITH RESPECT22
TO A CUSTOMER'S USE OF A THIRD-PARTY FOOD DELIVERY SERVICE23
PLATFORM, SHALL PROVIDE THE CUSTOMER THE ABILITY TO SELECT FROM24
THE RETAIL FOOD ESTABLISHMENT 'S MENU THE SINGLE -USE FOOD25
SERVICEWARE OR SINGLE-USE CONDIMENTS THAT ARE MADE AVAILABLE26
TO CUSTOMERS AND THAT THE CUSTOMER WANTS INCLUDED WITH THE27
HB22-1134
-3- CUSTOMER'S FOOD ORDER.1
(4) T
HIS SECTION DOES NOT APPLY TO:2
(a) S
INGLE-USE FOOD SERVICEWARE OR SINGLE-USE CONDIMENTS3
PROVIDED AT A SELF-SERVICE STATION THAT IS LOCATED WITHIN A RETAIL4
FOOD ESTABLISHMENT OR IS LOCATED AT A SPECIAL EVENT ; EXCEPT THAT5
A RETAIL FOOD ESTABLISHMENT OR SPECIAL EVENT WITH A SELF -SERVICE6
STATION IS ENCOURAGED TO OFFER BULK DISPENSERS FOR CONDIMENTS AT7
THE SELF-SERVICE STATION;8
(b) M
EALS PROVIDED AS PART OF A SOCIAL SERVICE PROGRAM9
DIRECTED AT SERVING ONE OR MORE VULNERABLE POPULATIONS , SUCH AS10
SCHOOL CHILDREN IN INCOME -ELIGIBLE HOUSEHOLDS , PERSONS11
EXPERIENCING HOMELESSNESS , OR THE ELDERLY;12
(c) A
RETAIL FOOD ESTABLISHMENT LOCATED WITHIN AN AIRPORT13
IF THE AIRPORT IS OPEN TO THE PUBLIC; AND14
(d) M
EALS PROVIDED TO GUESTS STAYING IN A HOTEL , LODGING15
HOUSE, OR ROOMING HOUSE.16
(5) N
OTHING IN THIS SECTION AUTHORIZES THE PROVISION OF A17
SINGLE-USE PLASTIC CARRYOUT BAG OR EXPANDED POLYSTYRENE IN A18
MANNER THAT WOULD VIOLATE SECTION 25-17-504, 25-17-505, OR19
25-17-506.20
(6) A
S USED IN THIS SECTION:21
(a) "H
OTEL" MEANS ANY ESTABLISHMENT WITH SLEEPING ROOMS22
FOR THE ACCOMMODATION OF GUESTS AND HAVING RESTAURANT23
FACILITIES.24
(b) (I) "R
ETAIL FOOD ESTABLISHMENT " HAS THE MEANING SET25
FORTH IN SECTION 25-4-1602 (14); EXCEPT THAT "RETAIL FOOD26
ESTABLISHMENT" ALSO INCLUDES:27
HB22-1134
-4- (A) FARMERS' MARKETS AND ROADSIDE MARKETS ;1
(B) E
STABLISHMENTS PREDOMINATELY PREPARING AND SERVING2
HOT COFFEE, HOT TEA, OR OTHER BEVERAGES;3
(C) E
STABLISHMENTS THAT HANDLE ONLY PREPACKAGED FOOD4
AND OPERATIONS SERVING ONLY COMMERCIALLY PREPARED ,5
PREPACKAGED FOODS REQUIRING NO PREPARATION OTHER THAN THE6
HEATING OF FOOD WITHIN ITS ORIGINAL CONTAINER OR PACKAGE ; AND7
(D) A
HOME, COMMERCIAL, PRIVATE, OR PUBLIC KITCHEN IN8
WHICH A PERSON PRODUCES FOOD PR ODUCTS SOLD DIRECTLY TO9
CONSUMERS PURSUANT TO THE "COLORADO COTTAGE FOODS ACT",10
SECTION 25-4-1614.11
(II) T
O THE EXTENT A RETAIL FOOD ESTABLISHMENT IS ALSO A12
STORE, THE EXEMPTION FOR SMALL STORES SET FORTH IN SECTION13
25-17-503 (14)(c)
DOES NOT APPLY TO THIS SECTION.14
(c) "S
INGLE USE" MEANS DESIGNED TO BE USED ONCE AND THEN15
DISCARDED.16
(d) (I) "S
INGLE-USE CONDIMENT" MEANS A PACKAGED ,17
SINGLE-SERVING CONDIMENT, SUCH AS RELISH, A SPICE, A SAUCE, A18
CONFECTION, OR A SEASONING, THAT:19
(A) D
OES NOT REQUIRE ADDITIONAL PREPARATION ;20
(B) I
S USED ON FOOD; AND21
(C) I
S INTENDED FOR A SINGLE USE.22
(II) "S
INGLE-USE CONDIMENT" INCLUDES KETCHUP, MUSTARD,23
MAYONNAISE, SOY SAUCE, HOT SAUCE, SALSA, SYRUP, JAM, JELLY, SUGAR,24
SALT, PEPPER, SWEETENER, OR CHILI PEPPER.25
(e) (I) "S
INGLE-USE FOOD SERVICEWARE" MEANS A SINGLE-USE26
ITEM THAT A RETAIL FOOD ESTABLISHMENT OR THIRD -PARTY FOOD27
HB22-1134
-5- DELIVERY SERVICE PROVIDES A CUSTOMER TO ASSIST THE CUSTOMER IN1
CONSUMING FOOD THAT THE RETAIL FOOD ESTABLISHMENT OR2
THIRD-PARTY FOOD DELIVERY SERVICE PROVIDED THE CUSTOMER .3
(II) "S
INGLE-USE FOOD SERVICEWARE" INCLUDES A SINGLE-USE4
UTENSIL, NAPKIN, CONDIMENT CUP OR PACKET, STRAW, STIRRER, LID, CUP,5
SLEEVE, SPILL PLUG, TRAY, COCKTAIL STICK, OR SET OF CHOPSTICKS.6
(f) "S
PECIAL EVENT" MEANS AN ORGANIZED EVENT OR7
CELEBRATION AT WHICH RETAIL FOOD ESTABLISHMENTS PREPARE , SERVE,8
OR OTHERWISE PROVIDE FOOD FOR HUMAN CONSUMPTION .9
(g) "S
PILL PLUG", ALSO KNOWN AS A "SPLASH STICK", MEANS A10
PIECE OF PLASTIC THAT IS INSERTED INTO A BEVERAGE LID TO PREVENT11
SPILLS.12
(h) "T
HIRD-PARTY FOOD DELIVERY SERVICE" OR "SERVICE" MEANS13
ANY COMPANY OR WEBSITE , MOBILE APPLICATION, OR OTHER INTERNET14
SERVICE THAT OFFERS OR ARRANGES FOR THE SALE AND SAME -DAY15
DELIVERY OR SAME-DAY CARRYOUT OF PREPARED FOOD OR BEVERAGES16
FROM A RETAIL FOOD ESTABLISHMENT .17
(i) "T
HIRD-PARTY FOOD DELIVERY SERVICE PLATFORM " OR18
"
PLATFORM" MEANS A THIRD-PARTY FOOD DELIVERY SERVICE'S ONLINE OR19
MOBILE PLATFORM ON WHICH A CONSUMER CAN VIEW AND ORDER20
AVAILABLE PRODUCTS.21
SECTION 4. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly; except24
that, if a referendum petition is filed pursuant to section 1 (3) of article V25
of the state constitution against this act or an item, section, or part of this26
act within such period, then the act, item, section, or part will not take27
HB22-1134
-6- effect unless approved by the people at the general election to be held in1
November 2022 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
HB22-1134
-7-