First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0914.01 Sarah Lozano x3858
SENATE BILL 23-253
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING STANDARDS FOR PRODUCTS REPRESENTED AS101
COMPOSTABLE IN THE STATE .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 creates standards (standards) for products that are
represented, marketed, or advertised in the state as being capable of
undergoing decomposition in a controlled composting system as
demonstrated in accordance with applicable international standards for
compostable products set by ASTM International (compostable).
A producer is prohibited from representing a product as
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. compostable unless the product has received certification by a recognized,
independent, third-party verification body that the product is compostable
(certified compostable). The product must also comply with specific
labeling standards that ensure that the product is easily and immediately
distinguishable as certified compostable at point of sale and point of use
and in a public sorting area and processing facility.
A producer of a product that is not certified compostable is
prohibited from marketing or advertising the product using:
! Tinting, color schemes, labeling, images, or words that are
required for products that are certified compostable; or
! Labeling, images, or words that could be reasonably
anticipated to mislead consumers into believing that the
product is compostable.
A producer of a plastic product that is not certified compostable is
prohibited from using any words, labeling, or images that imply that the
plastic product will eventually break down, fragment, biodegrade, or
decompose in a landfill or other environment.
Upon the request of any person, a producer must provide
information and documentation demonstrating the producer's compliance
with any applicable standards.
The department of public health and environment (department) is
required to conduct education and outreach activities to inform the public
about the standards.
On or before January 1, 2024, the department is required to
establish a forum that allows any person to file a complaint against a
producer for violation of the standards.
On and after January 1, 2024, a producer that violates the
standards engages in an unfair or deceptive trade practice.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 8 to article2
17 of title 25 as follows:3
PART 84
STANDARDS FOR PRODUCTS5
REPRESENTED AS COMPOSTABLE6
25-17-801. Legislative declaration. (1) T
HE GENERAL ASSEMBLY7
FINDS AND DECLARES THAT:8
(a) T
RULY COMPOSTABLE BAGS AND PRODUCTS CAN BE DELIVERY9
SB23-253-2- MECHANISMS FOR FOOD SCRAPS AND PLANT AND YARD TRIMMINGS TO GET1
TO COMPOST FACILITIES;2
(b) T
O LEVERAGE THEIR POTENTIAL BENEFITS , IT IS VITAL TO3
CLEARLY LABEL THESE PRODUCTS IN A WAY THAT MAKES THEM4
IMMEDIATELY AND EASILY IDENTIFIABLE AS CERTIFIED COMPOSTABLE5
UPON QUICK INSPECTION AT POINT OF SALE AND POINT OF USE AND IN A6
PUBLIC SORTING AREA AND PROCESSING FACILITY ;7
(c) S
ALES OF FALSELY MARKETED OR "GREENWASHED" FOOD8
SERVICE WARE AND PACKAGING PRODUCTS THAT LOOK LIKE CERTIFIED9
COMPOSTABLE PRODUCTS YET DO NOT COMPOST ACCORDING TO THE10
STANDARDS SET BY ASTM INTERNATIONAL ARE HARMFUL TO OUR11
STATE'S ECONOMY BY:12
(I) C
AUSING UNDUE COST BURDEN TO INDIVIDUAL AND BUSINESS13
CONSUMERS WHO WANT TO PURCHASE ENVIRONMENTALLY FRIENDLY14
PRODUCTS, AND WHO OFTEN PAY MORE FOR THEM , BUT CANNOT DECIPHER15
BETWEEN CERTIFIED COMPOSTABLE PRODUCTS AND THOSE THAT ARE16
FALSELY MARKETED;17
(II) C
REATING CONFUSION FOR CONSUMERS WHO DO NOT KNOW18
HOW TO PROPERLY DISPOSE OF FOOD SERVICE PRODUCTS AND PACKAGING ;19
(III) I
NCREASING COST AND OPERATIONAL CHALLENGES FOR20
COMPOST MANUFACTURERS ;21
(IV) C
ONTAMINATING COMPOSTABLE MATERIAL STREAMS WITH22
PLASTIC PRODUCTS THAT DO NOT COMPOST ;23
(V) C
REATING SIGNIFICANT CONTAMINATION OF MICROPLASTICS24
IN FINISHED COMPOST PRODUCTS; AND25
(VI) R
EDUCING THE VALUE OF THE FINISHED COMPOST AND26
SOMETIMES MAKING IT UNMARKETABLE ;27
SB23-253
-3- (d) TO REDUCE THE BURDEN ON BUSINESSES AND THE1
ENVIRONMENT IN PREPARATION FOR IMPLEMENTATION OF HOUSE BILL2
21-1162,
ENACTED IN 2021, THE GENERAL ASSEMBLY ADOPTED3
STANDARDS RELATED TO THE LABELING OF PLASTIC AND COMPOSTABLE4
PRODUCTS IN ORDER TO REDUCE CONTAMINATION OF THE WASTE STREAMS5
HANDLED BY COMPOST AND ORGANIC MATERIAL M ANAGEMENT FACILITIES6
AND RECYCLING FACILITIES AND IMPROVE THE ECONOMIC VIABILITY OF7
RESPONSIBLE ORGANIC MATERIAL MANAGEMENT OPTIONS ;8
(e) E
NVIRONMENTAL MARKETING CLAIMS FOR PRODUCTS9
MARKETED AS COMPOSTABLE , WHETHER IMPLICIT OR IMPLIED, SHOULD10
ADHERE TO UNIFORM AND RECOGNIZED STANDARDS FOR COMPOSTABILITY11
BECAUSE MISLEADING, CONFUSING, AND DECEPTIVE LABELING CAN12
NEGATIVELY IMPACT LOCAL COMPOSTING PROGRAMS AND COMPOST13
PROCESSORS;14
(f) P
RODUCTS MARKETED AS COMPOSTABLE SHOULD BE READILY15
AND EASILY IDENTIFIABLE AS COMPLYING WITH UNIFORM AND16
RECOGNIZED STANDARDS ;17
(g) S
OME LEGITIMATELY COMPOSTABLE PACKAGING AND PRODUCT18
PRODUCERS ARE ALREADY LABELING PRODUCTS AS COMPOSTABLE , BUT19
MANY PRODUCERS ARE NOT OR HAVE COMPONENT PIECES THAT ARE NOT20
COMPOSTABLE AND ARE NOT CLEARLY LABELED TO DIFFERENTIATE THEM21
FROM THE COMPONENTS THAT TRULY ARE COMPOSTABLE ; AND22
(h) A
LTHOUGH NOT ALL COMPOST MANUFACTURING FACILITIES23
AND THEIR ASSOCIATED PROCESSING TECHNOLOGIES ACCEPT OR ARE24
REQUIRED TO ACCEPT COMPOSTABLE PACKAGING AS FEEDSTOCKS ,25
IMPLEMENTING A STANDARDIZED SYSTEM AND VERIFICATION METHODS26
MAY CREATE THE ABILITY FOR THESE FACILITIES TO ACCEPT THESE27
SB23-253
-4- PRODUCTS IN THE FUTURE.1
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN2
THE PUBLIC INTEREST OF THE STATE TO ESTABLISH STANDARDS FOR3
PRODUCTS REPRESENTED, MARKETED, OR ADVERTISED AS COMPOSTABLE4
AND TO ALLOW THE ATTORNEY GENERAL TO ENFORCE VIOLATIONS OF5
THOSE STANDARDS AS UNFAIR OR DECEPTIVE TRADE PRACTICES .6
25-17-802. Definitions. A
S USED IN THIS PART 8, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "ASTM
5988" MEANS THE ASTM INTERNATIONAL STANDARD9
5988
ENTITLED "STANDARD TEST METHOD FOR DETERMINING AEROBIC10
B
IODEGRADATION OF PLASTIC MATERIALS IN SOIL", AS THAT STANDARD11
EXISTED AS OF JANUARY 1, 2019.12
(2) "ASTM
D6400" MEANS THE ASTM INTERNATIONAL13
STANDARD D6400 ENTITLED "STANDARD SPECIFICATION FOR LABELING14
OF PLASTICS DESIGNED TO BE AEROBICALLY COMPOSTED IN MUNICIPAL15
OR INDUSTRIAL FACILITIES", AS THAT STANDARD EXISTED AS OF JANUARY16
1,
2019.17
(3) "ASTM
D6868" MEANS THE ASTM INTERNATIONAL18
STANDARD D6868 ENTITLED "STANDARD SPECIFICATION FOR LABELING19
OF END ITEMS THAT INCORPORATE PLASTICS AND POLYMERS AS20
C
OATINGS OR ADDITIVES WITH PAPER AND OTHER SUBSTRATES DESIGNED21
TO BE AEROBICALLY COMPOSTED IN MUNICIPAL OR INDUSTRIAL22
F
ACILITIES", AS THAT STANDARD EXISTED AS OF JANUARY 1, 2019.23
(4) "ASTM
INTERNATIONAL" MEANS ASTM INTERNATIONAL OR24
ANY SUCCESSOR ENTITY.25
(5) "B
IODEGRADABLE MULCH FILM " MEANS ANY FILM PRODUCT:26
(a) U
SED AS A TECHNICAL TOOL IN COMMERCIAL FARMING27
SB23-253
-5- APPLICATIONS;1
(b) T
HAT BIODEGRADES IN SOIL AFTER BEING USED ;2
(c) T
HAT FULFILLS THE PLANT GROWTH AND REGULATED METALS3
REQUIREMENTS OF ASTM D6400;4
(d) T
HAT, AT AMBIENT TEMPERATURES AND IN SOIL , SHOWS AT5
LEAST A NINETY PERCENT BIODEGRADATION ABSOLUTE OR RELATIVE TO6
MICROCRYSTALLINE CELLULOSE OVER A PERIOD OF LESS THAN TWO7
YEARS;8
(e) T
HAT IS TESTED ACCORDING TO ISO 17556 OR ASTM 5988;9
AND10
(f) T
HAT MEETS THE REQUIREMENTS OF EN 17033.11
(6) "C
ERTIFIED COMPOSTABLE" MEANS THAT A PRODUCT HAS12
RECEIVED CERTIFICATION BY A RECOGNIZED, INDEPENDENT, THIRD-PARTY13
VERIFICATION BODY THAT THE PRODUCT IS COMPOSTABLE .14
(7) "C
OMMERCIAL COMPOSTING FACILITY " MEANS ANY SOLID15
WASTE COMPOSTING FACILITY REGULATED BY THE DEPARTMENT THAT :16
(a) A
CCEPTS A FEE FOR SOLID WASTE COMPOSTING ; OR17
(b) C
OMPOSTS SOLID WASTE TO CREATE A COMPOST OR SOIL18
AMENDMENT AND DISTRIBUTES THE FINISHED COMPOST OR SOIL19
AMENDMENT OFFSITE FOR A FEE.20
(8) "C
OMPOSTABLE" MEANS THAT A PRODUCT IS CAPABLE OF21
UNDERGOING AEROBIC BIOLOGICAL DECOMPOSITION IN A CONTROLLED22
COMPOSTING SYSTEM AS DEMONSTRATED IN ACCORDANCE WITH ASTM23
D6400
OR ASTM D6868, AS APPLICABLE.24
(9) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH25
AND ENVIRONMENT CREATED IN SECTION 24-1-119.26
(10) "EN
17033" MEANS THE EUROPEAN STANDARD 1703327
SB23-253
-6- ENTITLED "PLASTICS - BIODEGRADABLE MULCH FILMS FOR USE IN1
AGRICULTURE AND HORTICULTURE - REQUIREMENTS AND TEST METHODS ",2
AS THAT STANDARD EXISTED AS OF JANUARY 1, 2019.3
(11) "F
EDERAL TRADE COMMISSION GUIDELINES " MEANS THE4
FEDERAL TRADE COMMISSION GUIDES FOR THE USE OF ENVIRONMENTAL5
MARKETING CLAIMS, CODIFIED IN 16 CFR 260 ET SEQ., AS AMENDED.6
(12) "F
ILM BAG" MEANS A BAG THAT IS A FILM PRODUCT.7
(13) "F
ILM PRODUCT" MEANS A BAG, SACK, WRAP, OR OTHER8
SHEET FILM PRODUCT THAT IS A SINGLE -USE PRODUCT MADE9
PREDOMINANTLY OF PLASTIC DERIVED FROM NATURAL GAS , PETROLEUM,10
OR A BIOLOGICALLY BASED SOURCE , INCLUDING CORN AND OTHER PLANT11
SOURCES.12
(14) (a) "F
OOD SERVICE PRODUCT" MEANS A PRODUCT INTENDED13
FOR ONE-TIME USE AND THAT IS USED FOR FOOD OR DRINK THAT IS14
OFFERED FOR SALE OR USE.15
(b) "F
OOD SERVICE PRODUCT" INCLUDES CONTAINERS, PLATES,16
BOWLS, CUPS, LIDS, BEVERAGE CONTAINERS, MEAT TRAYS, DELI ROUNDS,17
UTENSILS, SACHETS, STRAWS, CONDIMENT PACKAGING, CLAMSHELLS AND18
OTHER HINGED OR LIDDED CONTAINERS , WRAPS, AND PORTION CUPS.19
(15) "ISO
17556" MEANS THE INTERNATIONAL ORGANIZATION FOR20
S
TANDARDIZATION DOCUMENT ENTITLED "PLASTICS - DETERMINATION OF21
THE ULTIMATE AEROBIC BIODEGRADABILITY OF PLASTIC MATERIALS IN22
SOIL BY MEASURING THE OXYGEN DEMAND IN A RESPIROMETER OR THE23
AMOUNT OF CARBON DIOXIDE EVOLVED ", AS THAT DOCUMENT EXISTED AS24
OF JANUARY 1, 2019.25
(16) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY26
COUNTY, MUNICIPALITY, OR CITY AND COUNTY.27
SB23-253
-7- (17) "PACKAGING" MEANS ANY MATERIAL THAT IS INTENDED FOR1
SINGLE OR SHORT-TERM USE AND IS DESIGNED FOR THE CONTAINMENT ,2
PROTECTION, HANDLING, OR DELIVERY OF A PRODUCT.3
(18) "P
LASTIC FOOD SERVICE PRODUCT" MEANS A FOOD SERVICE4
PRODUCT OR ITS PACKAGING THAT IS COMPRISED ENTIRELY OR PARTIALLY5
OF:6
(a) P
LASTIC; OR7
(b) F
IBER OR PAPER WITH A PLASTIC COATING , WINDOW,8
COMPONENT, OR ADDITIVE.9
(19) (a) "P
LASTIC PRODUCT" MEANS A PRODUCT MADE OF PLASTIC,10
WHETHER ALONE OR IN COMBINATION WITH ANOTHER MATERIAL ,11
INCLUDING PAPERBOARD.12
(b) "P
LASTIC PRODUCT" INCLUDES:13
(I) A
PRODUCT MADE OF PETROCHEMICAL OR PLANT -BASED14
PLASTICS;15
(II) A
PACKAGE OR PACKAGING COMPONENT THAT INCLUDES16
PACKAGING PEANUTS;17
(III) A
FILM PRODUCT; AND18
(IV) A
FOOD SERVICE PRODUCT THAT IS A PLASTIC PRODUCT .19
(20) "P
RODUCER" HAS THE MEANING SET FORTH IN SECTION20
25-17-703
(30).21
(21) (a) "P
RODUCT ACCESSORY " MEANS ANY STANDARD OR22
COMMON COMPONENTS , APPURTENANCES, OR ACCESSORIES THAT ARE23
SOLD, OFFERED FOR SALE, OR DISTRIBUTED WITH A PARTICULAR PRODUCT .24
(b) "P
RODUCT ACCESSORY" INCLUDES LIDS, STRAWS, AND LABELS.25
(22) "P
ROPRIETARY INFORMATION" HAS THE MEANING SET FORTH26
IN SECTION 25-17-703 (34).27
SB23-253
-8- (23) (a) "SMALL PRODUCT" MEANS A PRODUCT WITH A WIDTH OF1
ONE-HALF INCH OR LESS OF PRINTABLE SURFACE SPACE .2
(b) "S
MALL PRODUCT" INCLUDES STRAWS AND UTENSILS.3
(24) "U
NTREATED WOOD" MEANS WOOD, INCLUDING RAW OR4
KILN-DRIED WOOD, THAT IS UNPAINTED AND NOT TREATED WITH ANY5
CHEMICALS INTENDED TO RESIST DECOMPOSITION .6
(25) (a) "U
TENSIL" MEANS A PRODUCT DESIGNED TO BE USED BY7
A CONSUMER TO FACILITATE THE CONSUMPTION OF FOOD OR BEVERAGES .8
(b) "U
TENSIL" INCLUDES KNIVES, FORKS, SPOONS, SPORKS,9
COCKTAIL PICKS, CHOPSTICKS, SPLASH STICKS, AND STIRRERS.10
(26) "W
OOD" MEANS RENEWABLE WOOD OR FIBER -BASED11
SUBSTRATE.12
25-17-803. Requirements for products represented as13
compostable. (1) A
PRODUCER OF A PRODUCT THAT IS SOLD , OFFERED14
FOR SALE, OR DISTRIBUTED IN THE STATE SHALL NOT REPRESENT THE15
PRODUCT AS COMPOSTABLE IN THE STATE UNLESS :16
(a) T
HE PRODUCT IS CERTIFIED COMPOSTABLE IN ACCORDANCE17
WITH ASTM D6400 OR ASTM D6868, AS APPLICABLE; AND18
(b) T
O THE EXTENT CONSISTENT WITH FEDERAL TRADE19
COMMISSION GUIDELINES AND IN A MANNER THAT ENSURES THAT THE20
PRODUCT IS EASILY AND IMMEDIATELY DISTINGUISHABLE AS CERTIFIED21
COMPOSTABLE, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION,22
UPON QUICK INSPECTION AT POINT OF SALE AND POINT OF USE AND IN A23
PUBLIC SORTING AREA AND PROCESSING FACILITY , THE PRODUCT AND ITS24
PACKAGING:25
(I) D
ISPLAY A CERTIFICATION LOGO THAT INDICATES THAT THE26
PRODUCT IS CERTIFIED COMPOSTABLE ;27
SB23-253
-9- (II) DISPLAY THE WORD "COMPOSTABLE" WHERE POSSIBLE; AND1
(III) U
SE GREEN-COLORED OR BEIGE-COLORED LABELING OR2
STRIPING OR OTHER EASILY RECOGNIZABLE GREEN OR BEIGE SYMBOLS ,3
COLORS, TINTING, MARKS, OR DESIGN PATTERNS THAT DIFFERENTIATE THE4
PRODUCT FROM PRODUCTS THAT ARE NOT CERTIFIED COMPOSTABLE .5
(2) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE6
CONTRARY, A PRODUCER OF ANY PRODUCT DESCRIBED IN SUBSECTION (1)7
OF THIS SECTION THAT IS A SMALL PRODUCT IS REQUIRED TO COMPLY ONLY8
WITH THE REQUIREMENTS OF SUBSECTION (1)(b)(I), (1)(b)(II), OR9
(1)(b)(III)
OF THIS SECTION.10
(3) (a) A
NY PRODUCT ACCESSORY THAT IS NOT A SMALL PRODUCT11
AND THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED WITH ANY12
PRODUCT DESCRIBED IN SUBSECTION (1) OF THIS SECTION MUST:13
(I) C
OMPLY WITH SUBSECTION (1) OF THIS SECTION IF THE14
PRODUCT IS CERTIFIED COMPOSTABLE ;15
(II) D
ISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS16
PACKAGING THAT CLEARLY DESCRIBES THE RECYCLABILITY OF THE17
PRODUCT ACCESSORY; OR18
(III) D
ISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS19
PACKAGING THAT INCLUDES THE PHRASE "LANDFILL ONLY".20
(b) A
NY PRODUCT ACCESSORY THAT IS A SMALL PRODUCT MAY21
COMPLY WITH THE REQUIREMENTS OF SUBSECTIONS (2) AND (3)(a) OF THIS22
SECTION, AS APPLICABLE, IN A MANNER THAT IS IN PROPORTION TO THE23
SIZE OF THE PRODUCT ACCESSORY.24
(4) N
OTWITHSTANDING ANYTHING IN THIS SECTION TO THE25
CONTRARY, THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO A26
PRODUCER OF A PRODUCT THAT IS COMPRISED ENTIRELY OF UNTREATED27
SB23-253
-10- WOOD OR TO A PRODUCER OF A FILM PRODUCT .1
25-17-804. Requirements for film products represented as2
compostable. (1) A
PRODUCER OF A FILM PRODUCT THAT IS SOLD ,3
OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE SHALL NOT REPRESENT4
THE FILM PRODUCT AS COMPOSTABLE IN THE STATE UNLESS :5
(a) T
HE FILM PRODUCT IS CERTIFIED COMPOSTABLE IN6
ACCORDANCE WITH ASTM D6400;7
(b) T
O THE EXTENT CONSISTENT WITH FEDERAL TRADE8
COMMISSION GUIDELINES AND IN A MANNER THAT ENSURES THAT THE FILM9
PRODUCT IS EASILY AND IMMEDIATELY DISTINGUISHABLE AS CERTIFIED10
COMPOSTABLE, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION,11
UPON QUICK INSPECTION AT POINT OF SALE AND POINT OF USE AND IN A12
PUBLIC SORTING AREA AND PROCESSING FACILITY, THE FILM PRODUCT AND13
ITS PACKAGING:14
(I) D
ISPLAY A CERTIFICATION LOGO THAT INDICATES THAT THE15
FILM PRODUCT IS CERTIFIED COMPOSTABLE ;16
(II) A
RE GREEN-COLORED OR BEIGE-COLORED OR HAVE A GREEN17
OR BEIGE TINT; AND18
(III) D
ISPLAY A LABEL THAT INCLUDES THE WORD19
"
COMPOSTABLE".20
(2) (a) I
F THE FILM PRODUCT DESCRIBED IN SUBSECTION (1) OF THIS21
SECTION IS A FILM BAG, THE LABEL DESCRIBED IN SUBSECTION (1)(d)(III)22
OF THIS SECTION MUST:23
(I) B
E ON BOTH SIDES OF THE FILM BAG AND ITS PACKAGING ; AND24
(II) E
XCEPT AS DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION,25
INCLUDE THE WORD "COMPOSTABLE" IN:26
(A) G
REEN-COLORED OR BEIGE-COLORED LETTERING AT LEAST27
SB23-253
-11- ONE INCH IN HEIGHT; OR1
(B) L
ETTERING AT LEAST ONE-HALF INCH IN HEIGHT WITHIN A2
CONTRASTING GREEN-COLORED OR BEIGE-COLORED BAND AT LEAST ONE3
INCH IN HEIGHT.4
(b) I
F THE FILM BAG DESCRIBED IN SUBSECTION (2)(a) OF THIS5
SECTION IS SMALLER THAN FOURTEEN INCHES BY FOURTEEN INCHES , THE6
LETTERING AND BAND REQUIRED PURSUANT TO SUBSECTION (2)(a)(II) OF7
THIS SECTION MAY BE IN PROPORTION TO THE SIZE OF THE FILM BAG AND8
ITS PACKAGING.9
25-17-805. Marketing and advertising prohibitions for10
products that are not certified compostable - misleading labels,11
images, and words - plastic products. (1) A
PRODUCER OF A PRODUCT12
THAT IS NOT CERTIFIED COMPOSTABLE SHALL NOT MARKET OR ADVERTISE13
THE PRODUCT IN THE STATE USING:14
(a) T
INTING, COLOR SCHEMES, LABELING, OR WORDS THAT ARE15
REQUIRED FOR PRODUCTS REPRESENTED AS COMPOSTABLE PURSUANT TO16
SECTIONS 25-17-803 AND 25-17-804, AS APPLICABLE; OR17
(b) L
ABELING, IMAGES, OR WORDS THAT COULD BE REASONABLY18
ANTICIPATED TO MISLEAD CONSUMERS INTO BELIEVING THAT THE19
PRODUCT IS COMPOSTABLE.20
(2) (a) A
PRODUCER OF A PLASTIC PRODUCT SHALL NOT MARKET21
OR ADVERTISE THE PRODUCT IN THE STATE USING :22
(I) T
HE WORDS "NATURAL", "BIODEGRADABLE", "DEGRADABLE",23
"
DECOMPOSABLE ", "OXO-DEGRADABLE ", "BIOASSIMILABLE",24
"
OMNIDEGRADABLE", OR ANY OTHER SIMILAR FORM OF THESE WORDS ; OR25
(II) A
NY LABELING, IMAGES, OR WORDS THAT IMPLY THAT THE26
PLASTIC PRODUCT WILL EVENTUALLY BREAK DOWN , FRAGMENT,27
SB23-253
-12- BIODEGRADE, OR DECOMPOSE IN A LANDFILL OR OTHER ENVIRONMENT IN1
THE SAME MANNER AS A PRODUCT THAT IS CERTIFIED COMPOSTABLE .2
(b) T
HE PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION DO3
NOT APPLY TO BIODEGRADABLE MULCH FILM .4
(3) A
PRODUCER OF A PRODUCT THAT IS COMPOSTABLE SHALL NOT5
MARKET OR ADVERTISE THE PRODUCT USING A CHASING ARROW RESIN6
IDENTIFICATION CODE OR RECYCLING SYMBOL OF ANY FORM .7
(4) E
ACH PRODUCER THAT SELLS , OFFERS FOR SALE, OR8
DISTRIBUTES A PRODUCT IN THE STATE IS ENCOURAGED TO USE LABELING ,9
IMAGES, AND WORDS THAT ASSIST CONSUMERS IN IDENTIFYING PRODUCTS10
THAT ARE SUITABLE FOR RECYCLING OR LANDFILL ONLY , AS APPLICABLE,11
AND THAT ARE NOT COMPOSTABLE .12
(5) T
HE REQUIREMENTS OF THIS SECTION APPLY ONLY TO THE13
EXTENT CONSISTENT WITH ANY APPLICABLE FEDERAL LAW .14
25-17-806. Proof of compliance - information on commercial15
composting environment. (1) O
N AND AFTER JANUARY 1, 2024, AT THE16
REQUEST OF ANY PERSON , INCLUDING THE ATTORNEY GENERAL , A17
PRODUCER SHALL PROVIDE INFORMATION AND DOCUMENTATION18
DEMONSTRATING THE PRODUCER 'S COMPLIANCE WITH THIS PART 8 IN A19
FORMAT THAT IS EASILY UNDERSTANDABLE AND SCIENTIFICALLY20
ACCURATE, WHICH MAY INCLUDE PROVIDING A CERTIFICATION21
DEMONSTRATING THAT A PRODUCT IS CERTIFIED COMPOSTABLE .22
(2) A
T THE REQUEST OF A COMMERCIAL COMPOSTING FACILITY , A23
PRODUCER IS ENCOURAGED TO PROVIDE THE COMMERCIAL COMPOSTING24
FACILITY INFORMATION REGARDING THE CHARACTERISTICS , SUCH AS HEAT25
OR MOISTURE LEVELS, OF THE COMMERCIAL COMPOSTING ENVIRONMENT26
IN WHICH THE PRODUCER'S PRODUCT HAS BEEN TESTED AND FOUND TO BE27
SB23-253
-13- COMPOSTABLE.1
(3) N
OTWITHSTANDING ANYTHING IN THIS SECTION TO THE2
CONTRARY, NOTHING IN THIS SECTION REQUIRES A PRODUCER TO DISCLOSE3
PROPRIETARY INFORMATION TO ANY PERSON .4
25-17-807. Education and outreach - complaint forum - unfair5
or deceptive trade practice. (1) T
HE DEPARTMENT SHALL , IN6
COLLABORATION WITH LOCAL GOVERNMENTS , CONDUCT EDUCATION AND7
OUTREACH ACTIVITIES TO INFORM RETAIL ESTABLISHMENTS , CONSUMERS,8
PRODUCERS, AND RETAILERS ABOUT THE REQUIREMENTS AND9
PROHIBITIONS OF THIS PART 8.10
(2) (a) O
N OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL11
ESTABLISH A FORUM THAT ALLOWS ANY PERSON TO FILE A COMPLAINT12
AGAINST A PRODUCER FOR A VIOLATION OF THIS PART 8. THE FORUM13
ESTABLISHED BY THE DEPARTMENT MAY INCLUDE ANY OF THE FOLLOWING14
MECHANISMS TO RECEIVE COMPLAINTS :15
(I) A
COMPLAINT FORM ON THE DEPARTMENT 'S WEBSITE;16
(II) A
TELEPHONE HOTLINE; OR17
(III) A
PUBLIC OUTREACH STRATEGY BASED ON SOCIAL MEDIA .18
(b) T
HE DEPARTMENT SHALL PROVIDE ANY NONFRIVOLOUS AND19
NONTRIVIAL COMPLAINTS RECEIVED THROUGH THE FORUM TO THE20
ATTORNEY GENERAL'S OFFICE.21
(3) O
N AND AFTER JANUARY 1, 2024, A VIOLATION OF THIS PART22
8
IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE IN ACCORDANCE WITH23
SECTION 6-1-105.24
SECTION 2. In Colorado Revised Statutes, 6-1-105, add25
(1)(uuu) as follows:26
6-1-105. Unfair or deceptive trade practices. (1) A person27
SB23-253
-14- engages in a deceptive trade practice when, in the course of the person's1
business, vocation, or occupation, the person:2
(uuu) V
IOLATES PART 8 OF ARTICLE 17 OF TITLE 25 ON OR AFTER3
J
ANUARY 1, 2024.4
SECTION 3. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2024 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
SB23-253
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