TFirst Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0914.01 Sarah Lozano x3858
SENATE BILL 23-253
Senate Committees House Committees
Business, Labor, & Technology Energy & Environment
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING STANDARDS FOR PRODUCTS REPRESENTED AS101
COMPOSTABLE IN THE STATE , AND IN CONNECTION THEREWITH ,
102
MAKING AN APPROPRIATION .103
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).
HOUSE
2nd Reading Unamended
May 1, 2023
SENATE
3rd Reading Unamended
April 19, 2023
SENATE
Amended 2nd Reading
April 18, 2023
SENATE SPONSORSHIP
Cutter, Buckner, Danielson, Fenberg, Fields, Gonzales, Hansen, Jaquez Lewis, Marchman,
Moreno, Priola, Sullivan, Winter F.
HOUSE SPONSORSHIP
Froelich and McCormick,
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. A producer is prohibited from representing a product as
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
253-2- 1
(a) C
OMPOSTING AND RECYCLING ARE TWO OF THE MOST
2
COST-EFFECTIVE CLIMATE CHANGE SOLUTIONS THAT CAN BE3
IMPLEMENTED;4
(b) L
ANDFILLING FOOD SCRAPS AND YARD TRIMMINGS CAUSES
5
THESE ORGANIC MATERIALS TO DECOMPOSE WITHOUT OXYGEN CREATING6
VAST AMOUNTS OF METHANE , A GREENHOUSE GAS THAT IS EIGHTY-FOUR7
TIMES MORE POTENT THAN CARBON DIOXIDE IN THE SHORT TERM ;8
(c) D
IVERTING THESE ORGANIC MATERIALS INTO LOCAL CIRCULAR
9
SYSTEMS CREATES JOBS AND SUPPORTS THE GROWING NUMBER OF10
COMPOSTING HAULING AND PROCESSING BUSINESSES IN THE STATE ;11
(d) F
INISHED COMPOST IS A VALUABLE SOIL AMENDMENT THAT
12
BUILDS HEALTHIER SOILS THAT ARE MORE RESILIENT TO DROUGHT AND13
FLOODING AND CREATES MORE PRODUCTIVE AGRICULTURAL LANDS ;14
(e) TO LEVERAGE THE POTENTIAL BENEFITS OF CERTIFIED15
COMPOSTABLE BAGS AND PRODUCTS , IT IS VITAL TO CLEARLY LABEL THESE16
PRODUCTS IN A WAY THAT MAKES THEM IMMEDIATELY AND EASILY17
IDENTIFIABLE AS CERTIFIED COMPOSTABLE UPON QUICK INSPECTION AT18
POINT OF SALE AND POINT OF USE AND IN A PUBLIC SORTING AREA AND19
PROCESSING FACILITY;20
(f) SALES OF FALSELY MARKETED OR "GREENWASHED" FOOD21
SERVICE WARE AND PACKAGING PRODUCTS THAT LOOK LIKE CERTIFIED22
COMPOSTABLE PRODUCTS YET DO NOT COMPOST ACCORDING TO THE23
STANDARDS SET BY ASTM INTERNATIONAL ARE HARMFUL TO OUR24
STATE'S ECONOMY BY:25
(I) C
REATING CONFUSION AND CAUSING UNDUE COST BURDEN TO
26
INDIVIDUAL AND BUSINESS CONSUMERS ;27
253
-3- (II) INCREASING COST AND OPERATIONAL CHALLENGES FOR1
COMPOST MANUFACTURERS ;2
(III) CONTAMINATING COMPOSTABLE MATERIAL STREAMS ; AND3
4
(IV) REDUCING THE VALUE OF THE FINISHED COMPOST AND5
SOMETIMES MAKING IT UNMARKETABLE ;6
7
(g) ENVIRONMENTAL MARKETING CLAIMS FOR PRODUCTS8
MARKETED AS COMPOSTABLE , WHETHER IMPLICIT OR IMPLIED, SHOULD9
ADHERE TO UNIFORM AND RECOGNIZED STANDARDS FOR COMPOSTABILITY ;10
11
(h) PRODUCTS MARKETED AS COMPOSTABLE SHOULD BE READILY12
AND EASILY IDENTIFIABLE AS COMPLYING WITH UNIFORM AND13
RECOGNIZED STANDARDS ; AND14
15
(i) I
MPLEMENTING A STANDARDIZED SYSTEM AND VERIFICATION
16
METHODS MAY CREATE THE ABILITY FOR COMPOST FACILITIES TO ACCEPT17
THESE PRODUCTS IN THE FUTURE.18
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN19
THE PUBLIC INTEREST OF THE STATE TO ESTABLISH STANDARDS FOR20
PRODUCTS REPRESENTED, MARKETED, OR ADVERTISED AS COMPOSTABLE.
21
22
25-17-802. Definitions. A
S USED IN THIS PART 8, UNLESS THE23
CONTEXT OTHERWISE REQUIRES :24
(1) "ASTM
5988" MEANS THE ASTM INTERNATIONAL STANDARD25
5988
ENTITLED "STANDARD TEST METHOD FOR DETERMINING AEROBIC26
B
IODEGRADATION OF PLASTIC MATERIALS IN SOIL", AS THAT STANDARD27
253
-4- EXISTED AS OF JANUARY 1, 2019.1
(2) "ASTM
D6400" MEANS THE ASTM INTERNATIONAL2
STANDARD D6400 ENTITLED "STANDARD SPECIFICATION FOR LABELING3
OF PLASTICS DESIGNED TO BE AEROBICALLY COMPOSTED IN MUNICIPAL4
OR INDUSTRIAL FACILITIES", AS THAT STANDARD EXISTED AS OF JANUARY5
1,
2019.6
(3) "ASTM
D6868" MEANS THE ASTM INTERNATIONAL7
STANDARD D6868 ENTITLED "STANDARD SPECIFICATION FOR LABELING8
OF END ITEMS THAT INCORPORATE PLASTICS AND POLYMERS AS9
C
OATINGS OR ADDITIVES WITH PAPER AND OTHER SUBSTRATES DESIGNED10
TO BE AEROBICALLY COMPOSTED IN MUNICIPAL OR INDUSTRIAL11
F
ACILITIES", AS THAT STANDARD EXISTED AS OF JANUARY 1, 2019.12
(4) "ASTM
INTERNATIONAL" MEANS ASTM INTERNATIONAL OR13
ANY SUCCESSOR ENTITY.14
(5) "BIODEGRADABLE MULCH FILM " MEANS ANY FILM PRODUCT15
USED AS A TECHNICAL TOOL IN COMMERCIAL FARMING APPLICATIONS16
THAT:17
(a) F
ULFILLS THE PLANT GROWTH AND REGULATED METALS
18
REQUIREMENTS OF ASTM D6400; AND19
(b) S
HOWS AT LEAST A NINETY PERCENT BIODEGRADATION
20
ABSOLUTE OR RELATIVE TO MICROCRYSTALLINE CELLULOSE OVER A21
PERIOD OF LESS THAN TWO YEARS ACCORDING TO ISO 17556 OR ASTM22
5988.23
(6) "C
ERTIFIED COMPOSTABLE" MEANS THAT A PRODUCT HAS24
RECEIVED CERTIFICATION BY A RECOGNIZED, INDEPENDENT, THIRD-PARTY25
VERIFICATION BODY THAT THE PRODUCT IS COMPOSTABLE .26
(7) "C
OMMERCIAL COMPOSTING FACILITY " MEANS ANY SOLID27
253
-5- WASTE COMPOSTING FACILITY REGULATED BY THE DEPARTMENT THAT :1
(a) A
CCEPTS A FEE FOR SOLID WASTE COMPOSTING ; OR2
(b) C
OMPOSTS SOLID WASTE TO CREATE A COMPOST OR SOIL3
AMENDMENT AND DISTRIBUTES THE FINISHED COMPOST OR SOIL4
AMENDMENT OFFSITE FOR A FEE.5
(8) "C
OMPOSTABLE" MEANS THAT A PRODUCT IS CAPABLE OF6
UNDERGOING AEROBIC BIOLOGICAL DECOMPOSITION IN A CONTROLLED7
COMPOSTING SYSTEM AS DEMONSTRATED IN ACCORDANCE WITH ASTM8
D6400
OR ASTM D6868, AS APPLICABLE.9
(9) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH10
AND ENVIRONMENT CREATED IN SECTION 24-1-119.11
12
(10) "FEDERAL TRADE COMMISSION GUIDELINES " MEANS THE13
FEDERAL TRADE COMMISSION GUIDES FOR THE USE OF ENVIRONMENTAL14
MARKETING CLAIMS, CODIFIED IN 16 CFR 260 ET SEQ., AS AMENDED.15
16
(11) "FILM PRODUCT" MEANS A BAG, SACK, WRAP, OR OTHER17
SHEET FILM PRODUCT THAT IS A SINGLE -USE PRODUCT MADE18
PREDOMINANTLY OF PLASTIC DERIVED FROM NATURAL GAS , PETROLEUM,19
OR A BIOLOGICALLY BASED SOURCE , INCLUDING CORN AND OTHER PLANT20
SOURCES.21
(12) (a) "FOOD SERVICE PRODUCT" MEANS A PRODUCT INTENDED22
FOR ONE-TIME USE AND THAT IS USED FOR FOOD OR DRINK THAT IS23
OFFERED FOR SALE OR USE.24
(b) "F
OOD SERVICE PRODUCT" INCLUDES CONTAINERS, PLATES,25
BOWLS, CUPS, LIDS, BEVERAGE CONTAINERS, MEAT TRAYS, DELI ROUNDS,26
UTENSILS, SACHETS, STRAWS, CONDIMENT PACKAGING, CLAMSHELLS AND27
253
-6- OTHER HINGED OR LIDDED CONTAINERS , WRAPS, AND PORTION CUPS.1
(13) "ISO 17556" MEANS THE INTERNATIONAL ORGANIZATION FOR2
S
TANDARDIZATION DOCUMENT ENTITLED "PLASTICS - DETERMINATION OF3
THE ULTIMATE AEROBIC BIODEGRADABILITY OF PLASTIC MATERIALS IN4
SOIL BY MEASURING THE OXYGEN DEMAND IN A RESPIROMETER OR THE5
AMOUNT OF CARBON DIOXIDE EVOLVED ", AS THAT DOCUMENT EXISTED AS6
OF JANUARY 1, 2019.7
(14)
"LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY8
COUNTY, MUNICIPALITY, OR CITY AND COUNTY.9
(15) "PACKAGING" MEANS ANY MATERIAL THAT IS INTENDED FOR10
SINGLE OR SHORT-TERM USE AND IS DESIGNED FOR THE CONTAINMENT ,11
PROTECTION, HANDLING, OR DELIVERY OF A PRODUCT.12
13
(16) (a) "PLASTIC PRODUCT" MEANS A PRODUCT MADE OF PLASTIC,14
WHETHER ALONE OR IN COMBINATION WITH ANOTHER MATERIAL ,15
INCLUDING PAPERBOARD.16
(b) "P
LASTIC PRODUCT" INCLUDES:17
(I) A
PRODUCT MADE OF PETROCHEMICAL OR PLANT -BASED18
PLASTICS;19
(II) A
PACKAGE OR PACKAGING COMPONENT ;
20
(III) A
FILM PRODUCT; AND21
(IV) A
FOOD SERVICE PRODUCT THAT IS A PLASTIC PRODUCT .22
(17)
(a) "PRODUCER" HAS THE MEANING SET FORTH IN SECTION23
25-17-703
(30).24
(b) "P
RODUCER" DOES NOT INCLUDE ANY PERSON DESCRIBED IN
25
SECTION 25-17-713 (1)(e) AND (1)(f).26
(18) (a) "PRODUCT ACCESSORY " MEANS ANY STANDARD OR27
253
-7- COMMON COMPONENTS , APPURTENANCES, OR ACCESSORIES THAT ARE1
SOLD, OFFERED FOR SALE, OR DISTRIBUTED WITH A PARTICULAR PRODUCT .2
(b) "P
RODUCT ACCESSORY" INCLUDES LIDS, STRAWS, AND LABELS.3
(19)
"PROPRIETARY INFORMATION" HAS THE MEANING SET FORTH4
IN SECTION 25-17-703 (34).5
(20) (a) "SMALL PRODUCT" MEANS A PRODUCT WITH A WIDTH OF6
ONE-HALF INCH OR LESS OF PRINTABLE SURFACE SPACE .7
(b) "S
MALL PRODUCT" INCLUDES STRAWS AND UTENSILS.8
(21)
"UNTREATED WOOD" MEANS WOOD, INCLUDING RAW OR9
KILN-DRIED WOOD, THAT IS UNPAINTED AND NOT TREATED WITH ANY10
CHEMICALS INTENDED TO RESIST DECOMPOSITION .11
(22) (a) "UTENSIL" MEANS A PRODUCT DESIGNED TO BE USED BY12
A CONSUMER TO FACILITATE THE CONSUMPTION OF FOOD OR BEVERAGES .13
(b) "U
TENSIL" INCLUDES KNIVES, FORKS, SPOONS, SPORKS,14
COCKTAIL PICKS, CHOPSTICKS, SPLASH STICKS, AND STIRRERS.15
(23)
"WOOD" MEANS RENEWABLE WOOD OR FIBER -BASED16
SUBSTRATE.17
25-17-803. Requirements for products represented as18
compostable. (1) A
PRODUCER OF A PRODUCT THAT IS SOLD , OFFERED19
FOR SALE, OR DISTRIBUTED IN THE STATE SHALL NOT REPRESENT THE20
PRODUCT AS COMPOSTABLE IN THE STATE UNLESS :21
(a) T
HE PRODUCT IS CERTIFIED COMPOSTABLE IN ACCORDANCE22
WITH ASTM D6400 OR ASTM D6868, AS APPLICABLE; AND23
(b) T
O THE EXTENT CONSISTENT WITH FEDERAL TRADE24
COMMISSION GUIDELINES AND IN A MANNER THAT ENSURES THAT THE25
PRODUCT IS EASILY AND IMMEDIATELY DISTINGUISHABLE AS CERTIFIED26
COMPOSTABLE, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION,27
253
-8- UPON QUICK INSPECTION AT POINT OF SALE AND POINT OF USE AND IN A1
PUBLIC SORTING AREA AND PROCESSING FACILITY , THE PRODUCT AND ITS2
PACKAGING:3
(I) D
ISPLAY A CERTIFICATION LOGO THAT INDICATES THAT THE4
PRODUCT IS CERTIFIED COMPOSTABLE ;5
(II) D
ISPLAY THE WORD "COMPOSTABLE" WHERE POSSIBLE; AND6
(III) U
SE GREEN-COLORED
LABELING OR STRIPING OR OTHER7
EASILY RECOGNIZABLE GREEN SYMBOLS, COLORS, TINTING, MARKS, OR8
DESIGN PATTERNS THAT DIFFERENTIATE THE PRODUCT FROM PRODUCTS9
THAT ARE NOT CERTIFIED COMPOSTABLE .10
(2) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE11
CONTRARY, A PRODUCER OF ANY PRODUCT DESCRIBED IN SUBSECTION (1)12
OF THIS SECTION THAT IS A SMALL PRODUCT IS REQUIRED TO COMPLY ONLY13
WITH THE REQUIREMENTS OF SUBSECTION (1)(b)(I), (1)(b)(II), OR14
(1)(b)(III)
OF THIS SECTION.15
(3) (a) A
NY PRODUCT ACCESSORY THAT IS NOT A SMALL PRODUCT16
AND THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED WITH ANY17
PRODUCT DESCRIBED IN SUBSECTION (1) OF THIS SECTION MUST:18
(I) C
OMPLY WITH SUBSECTION (1) OF THIS SECTION IF THE19
PRODUCT IS CERTIFIED COMPOSTABLE ;20
(II) D
ISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS21
PACKAGING THAT CLEARLY DESCRIBES THE RECYCLABILITY OF THE22
PRODUCT ACCESSORY; OR23
(III) D
ISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS24
PACKAGING THAT INCLUDES THE PHRASE "LANDFILL ONLY".25
(b) A
NY PRODUCT ACCESSORY THAT IS A SMALL PRODUCT MAY26
COMPLY WITH THE REQUIREMENTS OF SUBSECTIONS (2) AND (3)(a) OF THIS27
253
-9- SECTION, AS APPLICABLE, IN A MANNER THAT IS IN PROPORTION TO THE1
SIZE OF THE PRODUCT ACCESSORY.2
(4) N
OTWITHSTANDING ANYTHING IN THIS SECTION TO THE3
CONTRARY, THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO A4
PRODUCER OF A PRODUCT THAT IS COMPRISED ENTIRELY OF UNTREATED5
WOOD.
6
(5) T
HIS SECTION IS EFFECTIVE JULY 1, 2024.
7
25-17-804. Marketing and advertising prohibitions for8
products that are not certified compostable - misleading labels,9
images, and words - plastic products. (1) A
PRODUCER OF A PRODUCT10
THAT IS NOT CERTIFIED COMPOSTABLE SHALL NOT MARKET OR ADVERTISE11
THE PRODUCT IN THE STATE USING:12
(a) T
INTING, COLOR SCHEMES, LABELING, OR WORDS THAT ARE13
REQUIRED FOR PRODUCTS REPRESENTED AS COMPOSTABLE PURSUANT TO14
SECTION 25-17-803; OR
15
(b) L
ABELING, IMAGES, OR WORDS THAT COULD BE REASONABLY16
ANTICIPATED TO MISLEAD CONSUMERS INTO BELIEVING THAT THE17
PRODUCT IS COMPOSTABLE.18
(2) (a) A
PRODUCER OF A PLASTIC PRODUCT SHALL NOT MARKET19
OR ADVERTISE THE PRODUCT IN THE STATE USING :20
(I) T
HE WORDS "NATURAL", "BIODEGRADABLE", "DEGRADABLE",21
"
DECOMPOSABLE ", "OXO-DEGRADABLE ", "BIOASSIMILABLE",22
"
OMNIDEGRADABLE", OR ANY OTHER SIMILAR FORM OF THESE WORDS ; OR23
(II) A
NY LABELING, IMAGES, OR WORDS THAT IMPLY THAT THE24
PLASTIC PRODUCT WILL EVENTUALLY BREAK DOWN , FRAGMENT,25
BIODEGRADE, OR DECOMPOSE IN A LANDFILL OR OTHER ENVIRONMENT IN26
THE SAME MANNER AS A PRODUCT THAT IS CERTIFIED COMPOSTABLE .27
253
-10- (b) THE PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION DO1
NOT APPLY TO BIODEGRADABLE MULCH FILM .2
(3) A
PRODUCER OF A PRODUCT THAT IS COMPOSTABLE SHALL NOT3
MARKET OR ADVERTISE THE PRODUCT USING A CHASING ARROW RESIN4
IDENTIFICATION CODE OR RECYCLING SYMBOL OF ANY FORM .5
(4) E
ACH PRODUCER THAT SELLS , OFFERS FOR SALE, OR6
DISTRIBUTES A PRODUCT IN THE STATE IS ENCOURAGED TO USE LABELING ,7
IMAGES, AND WORDS THAT ASSIST CONSUMERS IN IDENTIFYING PRODUCTS8
THAT ARE SUITABLE FOR RECYCLING OR LANDFILL ONLY , AS APPLICABLE,9
AND THAT ARE NOT COMPOSTABLE .10
(5) T
HE REQUIREMENTS OF THIS SECTION APPLY ONLY TO THE11
EXTENT CONSISTENT WITH ANY APPLICABLE FEDERAL LAW .12
(6) T
HE PROHIBITION IN SUBSECTION (1)(a) OF THIS SECTION DOES
13
NOT APPLY TO BRAND COLORS OR COLORS USED IN A MANNER THAT IS NOT14
CLEARLY INTENDED TO INDICATE COMPOSTABILITY .15
(7) T
HIS SECTION IS EFFECTIVE JANUARY 1, 2024.
16
25-17-805. Proof of compliance - information on commercial17
composting environment. (1) O
N AND AFTER JANUARY 1, 2024, AT THE18
REQUEST OF ANY PERSON , INCLUDING THE ATTORNEY GENERAL , A19
PRODUCER SHALL PROVIDE INFORMATION AND DOCUMENTATION20
DEMONSTRATING THE PRODUCER 'S COMPLIANCE WITH THIS PART 8 IN A21
FORMAT THAT IS EASILY UNDERSTANDABLE AND SCIENTIFICALLY22
ACCURATE, WHICH MAY INCLUDE PROVIDING A CERTIFICATION23
DEMONSTRATING THAT A PRODUCT IS CERTIFIED COMPOSTABLE .24
(2) A
T THE REQUEST OF A COMMERCIAL COMPOSTING FACILITY , A25
PRODUCER IS ENCOURAGED TO PROVIDE THE COMMERCIAL COMPOSTING26
FACILITY INFORMATION REGARDING THE CHARACTERISTICS , SUCH AS HEAT27
253
-11- OR MOISTURE LEVELS, OF THE COMMERCIAL COMPOSTING ENVIRONMENT1
IN WHICH THE PRODUCER'S PRODUCT HAS BEEN TESTED AND FOUND TO BE2
COMPOSTABLE.3
(3) N
OTWITHSTANDING ANYTHING IN THIS SECTION TO THE4
CONTRARY, NOTHING IN THIS SECTION REQUIRES A PRODUCER TO DISCLOSE5
PROPRIETARY INFORMATION TO ANY PERSON .6
25-17-806.
Education and outreach - complaint forum.7
(1) T
HE DEPARTMENT SHALL , IN COLLABORATION WITH LOCAL8
GOVERNMENTS, CONDUCT EDUCATION AND OUTREACH ACTIVITIES TO9
INFORM RETAIL ESTABLISHMENTS , CONSUMERS, PRODUCERS, AND10
RETAILERS ABOUT THE REQUIREMENTS AND PROHIBITIONS OF THIS PART 8.11
(2) (a) O
N OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL12
ESTABLISH A FORUM THAT ALLOWS ANY PERSON TO FILE A COMPLAINT13
AGAINST A PRODUCER FOR A VIOLATION OF THIS PART 8. THE FORUM14
ESTABLISHED BY THE DEPARTMENT MAY INCLUDE ANY OF THE FOLLOWING15
MECHANISMS TO RECEIVE COMPLAINTS :16
(I) A
COMPLAINT FORM ON THE DEPARTMENT 'S WEBSITE;17
(II) A
TELEPHONE HOTLINE; OR18
(III) A
PUBLIC OUTREACH STRATEGY BASED ON SOCIAL MEDIA .19
(b) T
HE DEPARTMENT SHALL PROVIDE ANY NONFRIVOLOUS AND20
NONTRIVIAL COMPLAINTS RECEIVED THROUGH THE FORUM TO THE21
ATTORNEY GENERAL'S OFFICE.22
23
SECTION 2. Appropriation. For the 2023-24 state fiscal year,24
$26,250 is appropriated to the department of public health and25
environment for use by the hazardous materials and waste management26
division. This appropriation is from the general fund and is based on an27
253
-12- assumption that the division will require an additional 0.4 FTE. To1
implement this act, the division may use this appropriation for solid waste2
control program.3
SECTION 3. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
253
-13-