Colorado 2023 Regular Session

Colorado Senate Bill SB253 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	TFirst Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0914.01 Sarah Lozano x3858
1	8		SENATE BILL 23-253
2		-	BY SENATOR(S) Cutter, Buckner, Danielson, Fields, Gonzales, Hansen,
3		-	Jaquez Lewis, Marchman, Moreno, Priola, Sullivan, Winter F., Fenberg;
4		-	also REPRESENTATIVE(S) Froelich and McCormick, Amabile, Bird,
5		-	Boesenecker, Brown, deGruy Kennedy, Dickson, Hamrick, Jodeh, Joseph, Kipp,
6		-	Lindsay, Michaelson Jenet, Ortiz, Parenti, Sirota, Snyder, Story, Titone, Valdez,
7		-	Velasco, Vigil, Willford, Young, McCluskie
8		-	.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology Energy & Environment
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING STANDARDS FOR PRODUCTS REPRESENTED AS COMPOSTABLE
11		-	IN THE STATE
12		-	, AND, IN CONNECTION THEREWITH , MAKING AN
13		-	APPROPRIATION
14		-	.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, add part 8 to article 17
17		-	of title 25 as follows:
18		-	PART 8
19		-	STANDARDS FOR PRODUCTS
20		-	REPRESENTED AS COMPOSTABLE
	14	+	ONCERNING STANDARDS FOR PRODUCTS REPRESENTED AS101
	15	+	COMPOSTABLE IN THE STATE , AND IN CONNECTION THEREWITH ,
	16	+	102
	17	+	MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill creates standards (standards) for products that are
	26	+	represented, marketed, or advertised in the state as being capable of
	27	+	undergoing decomposition in a controlled composting system as
	28	+	demonstrated in accordance with applicable international standards for
	29	+	compostable products set by ASTM International (compostable).
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 2, 2023
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	May 1, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 19, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 18, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Cutter, Buckner, Danielson, Fenberg, Fields, Gonzales, Hansen, Jaquez Lewis, Marchman,
	44	+	Moreno, Priola, Sullivan, Winter F.
	45	+	HOUSE SPONSORSHIP
	46	+	Froelich and McCormick, Amabile, Bird, Boesenecker, Brown, deGruy Kennedy,
	47	+	Dickson, Hamrick, Jodeh, Joseph, Kipp, Lindsay, McCluskie, Michaelson Jenet, Ortiz,
	48	+	Parenti, Sirota, Snyder, Story, Titone, Valdez, Velasco, Vigil, Willford, Young
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. A producer is prohibited from representing a product as
	52	+	compostable unless the product has received certification by a recognized,
	53	+	independent, third-party verification body that the product is compostable
	54	+	(certified compostable). The product must also comply with specific
	55	+	labeling standards that ensure that the product is easily and immediately
	56	+	distinguishable as certified compostable at point of sale and point of use
	57	+	and in a public sorting area and processing facility.
	58	+	A producer of a product that is not certified compostable is
	59	+	prohibited from marketing or advertising the product using:
	60	+	! Tinting, color schemes, labeling, images, or words that are
	61	+	required for products that are certified compostable; or
	62	+	! Labeling, images, or words that could be reasonably
	63	+	anticipated to mislead consumers into believing that the
	64	+	product is compostable.
	65	+	A producer of a plastic product that is not certified compostable is
	66	+	prohibited from using any words, labeling, or images that imply that the
	67	+	plastic product will eventually break down, fragment, biodegrade, or
	68	+	decompose in a landfill or other environment.
	69	+	Upon the request of any person, a producer must provide
	70	+	information and documentation demonstrating the producer's compliance
	71	+	with any applicable standards.
	72	+	The department of public health and environment (department) is
	73	+	required to conduct education and outreach activities to inform the public
	74	+	about the standards.
	75	+	On or before January 1, 2024, the department is required to
	76	+	establish a forum that allows any person to file a complaint against a
	77	+	producer for violation of the standards.
	78	+	On and after January 1, 2024, a producer that violates the
	79	+	standards engages in an unfair or deceptive trade practice.
	80	+	Be it enacted by the General Assembly of the State of Colorado:1
	81	+	SECTION 1. In Colorado Revised Statutes, add part 8 to article2
	82	+	17 of title 25 as follows:3
	83	+	PART 84
	84	+	STANDARDS FOR PRODUCTS5
	85	+	REPRESENTED AS COMPOSTABLE6
21	86		25-17-801. Legislative declaration. (1) T
22		-	HE GENERAL ASSEMBLY
23		-	FINDS AND DECLARES THAT
24		-	:
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (a) COMPOSTING AND RECYCLING ARE TWO OF THE MOST
33		-	COST
34		-	-EFFECTIVE CLIMATE CHANGE SOLUTIONS THAT CAN BE IMPLEMENTED ;
	87	+	HE GENERAL ASSEMBLY7
	88	+	FINDS AND DECLARES THAT:8
	89	+	253-2- 1
	90	+	(a) C
	91	+	OMPOSTING AND RECYCLING ARE TWO OF THE MOST
	92	+	2
	93	+	COST-EFFECTIVE CLIMATE CHANGE SOLUTIONS THAT CAN BE3
	94	+	IMPLEMENTED;4
35	95		(b) L
36		-	ANDFILLING FOOD SCRAPS AND YARD TRIMMINGS CAUSES THESE
37		-	ORGANIC MATERIALS TO DECOMPOSE WITHOUT OXYGEN
38		-	, CREATING VAST
39		-	AMOUNTS OF METHANE
40		-	, A GREENHOUSE GAS THAT IS EIGHTY-FOUR TIMES
41		-	MORE POTENT THAN CARBON DIOXIDE IN THE SHORT TERM
42		-	;
	96	+	ANDFILLING FOOD SCRAPS AND YARD TRIMMINGS CAUSES
	97	+	5
	98	+	THESE ORGANIC MATERIALS TO DECOMPOSE WITHOUT OXYGEN CREATING6
	99	+	VAST AMOUNTS OF METHANE , A GREENHOUSE GAS THAT IS EIGHTY-FOUR7
	100	+	TIMES MORE POTENT THAN CARBON DIOXIDE IN THE SHORT TERM ;8
43	101		(c) D
44	102		IVERTING THESE ORGANIC MATERIALS INTO LOCAL CIRCULAR
45		-	~~SYSTEMS CREATES JOBS AND SUPPORTS THE GROWING NUMBER OF~~
46		-	~~COMPOSTING HAULING~~ AND ~~PROCESSING BUSINESSES IN~~ THE ~~STATE~~
47		-	;
	103	+	9
	104	+	SYSTEMS CREATES JOBS AND SUPPORTS THE GROWING NUMBER OF10
	105	+	COMPOSTING HAULING AND PROCESSING BUSINESSES IN THE STATE ;11
48	106		(d) F
49	107		INISHED COMPOST IS A VALUABLE SOIL AMENDMENT THAT
50		-	BUILDS HEALTHIER SOILS THAT ARE MORE RESILIENT TO DROUGHT AND
51		-	FLOODING AND CREATES MORE PRODUCTIVE AGRICULTURAL LANDS
52		-	;
53		-	(e) T
54		-	O LEVERAGE THE POTENTIAL BENEFITS OF CERTIFIED
55		-	COMPOSTABLE BAGS AND PRODUCTS
56		-	, IT IS VITAL TO CLEARLY LABEL THESE
57		-	PRODUCTS IN A WAY THAT MAKES THEM IMMEDIATELY AND EASILY
58		-	IDENTIFIABLE AS CERTIFIED COMPOSTABLE UPON QUICK INSPECTION AT
59		-	POINT OF SALE AND POINT OF USE AND IN A PUBLIC SORTING AREA AND
60		-	PROCESSING FACILITY
61		-	;
62		-	(f) S
63		-	ALES OF FALSELY MARKETED OR "GREENWASHED" FOOD SERVICE
64		-	WARE AND PACKAGING PRODUCTS THAT LOOK LIKE CERTIFIED COMPOSTABLE
65		-	PRODUCTS YET DO NOT COMPOST ACCORDING TO THE STANDARDS SET BY
66		-	ASTM INTERNATIONAL ARE HARMFUL TO OUR STATE 'S ECONOMY BY:
	108	+	12
	109	+	BUILDS HEALTHIER SOILS THAT ARE MORE RESILIENT TO DROUGHT AND13
	110	+	FLOODING AND CREATES MORE PRODUCTIVE AGRICULTURAL LANDS ;14
	111	+	(e) TO LEVERAGE THE POTENTIAL BENEFITS OF CERTIFIED15
	112	+	COMPOSTABLE BAGS AND PRODUCTS , IT IS VITAL TO CLEARLY LABEL THESE16
	113	+	PRODUCTS IN A WAY THAT MAKES THEM IMMEDIATELY AND EASILY17
	114	+	IDENTIFIABLE AS CERTIFIED COMPOSTABLE UPON QUICK INSPECTION AT18
	115	+	POINT OF SALE AND POINT OF USE AND IN A PUBLIC SORTING AREA AND19
	116	+	PROCESSING FACILITY;20
	117	+	(f) SALES OF FALSELY MARKETED OR "GREENWASHED" FOOD21
	118	+	SERVICE WARE AND PACKAGING PRODUCTS THAT LOOK LIKE CERTIFIED22
	119	+	COMPOSTABLE PRODUCTS YET DO NOT COMPOST ACCORDING TO THE23
	120	+	STANDARDS SET BY ASTM INTERNATIONAL ARE HARMFUL TO OUR24
	121	+	STATE'S ECONOMY BY:25
67	122		(I) C
68	123		REATING CONFUSION AND CAUSING UNDUE COST BURDEN TO
69		-	INDIVIDUAL AND BUSINESS CONSUMERS
70		-	;
71		-	(II) I
72		-	NCREASING COST AND OPERATIONAL CHALLENGES FOR COMPOST
73		-	MANUFACTURERS
74		-	;
75		-	(III) C
76		-	ONTAMINATING COMPOSTABLE MATERIAL STREAMS ; AND
77		-	(IV) REDUCING THE VALUE OF THE FINISHED COMPOST AND
78		-	SOMETIMES MAKING IT UNMARKETABLE
79		-	;
80		-	PAGE 2-SENATE BILL 23-253 (g) ENVIRONMENTAL MARKETING CLAIMS FOR PRODUCTS MARKETED
81		-	AS COMPOSTABLE
82		-	, WHETHER IMPLICIT OR IMPLIED, SHOULD ADHERE TO
83		-	UNIFORM AND RECOGNIZED STANDARDS FOR COMPOSTABILITY
84		-	;
85		-	(h) P
86		-	RODUCTS MARKETED AS COMPOSTABLE SHOULD BE READILY
87		-	AND EASILY IDENTIFIABLE AS COMPLYING WITH UNIFORM AND RECOGNIZED
88		-	STANDARDS
89		-	; AND
90		-	(i) IMPLEMENTING A STANDARDIZED SYSTEM AND VERIFICATION
91		-	METHODS MAY CREATE THE ABILITY FOR COMPOST FACILITIES TO ACCEPT
92		-	THESE PRODUCTS IN THE FUTURE
93		-	.
	124	+	26
	125	+	INDIVIDUAL AND BUSINESS CONSUMERS ;27
	126	+	253
	127	+	-3- (II) INCREASING COST AND OPERATIONAL CHALLENGES FOR1
	128	+	COMPOST MANUFACTURERS ;2
	129	+	(III) CONTAMINATING COMPOSTABLE MATERIAL STREAMS ; AND3
	130	+	4
	131	+	(IV) REDUCING THE VALUE OF THE FINISHED COMPOST AND5
	132	+	SOMETIMES MAKING IT UNMARKETABLE ;6
	133	+	7
	134	+	(g) ENVIRONMENTAL MARKETING CLAIMS FOR PRODUCTS8
	135	+	MARKETED AS COMPOSTABLE , WHETHER IMPLICIT OR IMPLIED, SHOULD9
	136	+	ADHERE TO UNIFORM AND RECOGNIZED STANDARDS FOR COMPOSTABILITY ;10
	137	+	11
	138	+	(h) PRODUCTS MARKETED AS COMPOSTABLE SHOULD BE READILY12
	139	+	AND EASILY IDENTIFIABLE AS COMPLYING WITH UNIFORM AND13
	140	+	RECOGNIZED STANDARDS ; AND14
	141	+	15
	142	+	(i) I
	143	+	MPLEMENTING A STANDARDIZED SYSTEM AND VERIFICATION
	144	+	16
	145	+	METHODS MAY CREATE THE ABILITY FOR COMPOST FACILITIES TO ACCEPT17
	146	+	THESE PRODUCTS IN THE FUTURE.18
94	147		(2) T
95		-	HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN THE
96		-	PUBLIC INTEREST OF THE STATE TO ESTABLISH STANDARDS FOR PRODUCTS
97		-	REPRESENTED
98		-	, MARKETED, OR ADVERTISED AS COMPOSTABLE .
	148	+	HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN19
	149	+	THE PUBLIC INTEREST OF THE STATE TO ESTABLISH STANDARDS FOR20
	150	+	PRODUCTS REPRESENTED, MARKETED, OR ADVERTISED AS COMPOSTABLE.
	151	+	21
	152	+	22
99	153		25-17-802. Definitions. A
100		-	S USED IN THIS PART 8, UNLESS THE
101		-	CONTEXT OTHERWISE REQUIRES
102		-	:
	154	+	S USED IN THIS PART 8, UNLESS THE23
	155	+	CONTEXT OTHERWISE REQUIRES :24
103	156		(1) "ASTM
104		-	5988" MEANS THE ASTM INTERNATIONAL STANDARD
105		-	5988 ENTITLED "STANDARD TEST METHOD FOR DETERMINING AEROBIC
106		-	BIODEGRADATION OF PLASTIC MATERIALS IN SOIL", AS THAT STANDARD
107		-	EXISTED AS OF
108		-	JANUARY 1, 2019.
	157	+	5988" MEANS THE ASTM INTERNATIONAL STANDARD25
	158	+	5988
	159	+	ENTITLED "STANDARD TEST METHOD FOR DETERMINING AEROBIC26
	160	+	B
	161	+	IODEGRADATION OF PLASTIC MATERIALS IN SOIL", AS THAT STANDARD27
	162	+	253
	163	+	-4- EXISTED AS OF JANUARY 1, 2019.1
109	164		(2) "ASTM
110		-	D6400" MEANS THE ASTM INTERNATIONAL STANDARD
111		-	D6400 ENTITLED "STANDARD SPECIFICATION FOR LABELING OF PLASTICS
112		-	DESIGNED TO BE AEROBICALLY COMPOSTED IN MUNICIPAL OR INDUSTRIAL
113		-	FACILITIES", AS THAT STANDARD EXISTED AS OF JANUARY 1, 2019.
	165	+	D6400" MEANS THE ASTM INTERNATIONAL2
	166	+	STANDARD D6400 ENTITLED "STANDARD SPECIFICATION FOR LABELING3
	167	+	OF PLASTICS DESIGNED TO BE AEROBICALLY COMPOSTED IN MUNICIPAL4
	168	+	OR INDUSTRIAL FACILITIES", AS THAT STANDARD EXISTED AS OF JANUARY5
	169	+	1,
	170	+	2019.6
114	171		(3) "ASTM
115		-	D6868" MEANS THE ASTM INTERNATIONAL STANDARD
116		-	D6868 ENTITLED "STANDARD SPECIFICATION FOR LABELING OF END ITEMS
117		-	THAT
118		-	INCORPORATE PLASTICS AND POLYMERS AS COATINGS OR ADDITIVES
119		-	WITH
120		-	PAPER AND OTHER SUBSTRATES DESIGNED TO BE AEROBICALLY
121		-	COMPOSTED IN MUNICIPAL OR INDUSTRIAL FACILITIES", AS THAT STANDARD
122		-	EXISTED AS OF
123		-	JANUARY 1, 2019.
	172	+	D6868" MEANS THE ASTM INTERNATIONAL7
	173	+	STANDARD D6868 ENTITLED "STANDARD SPECIFICATION FOR LABELING8
	174	+	OF END ITEMS THAT INCORPORATE PLASTICS AND POLYMERS AS9
	175	+	C
	176	+	OATINGS OR ADDITIVES WITH PAPER AND OTHER SUBSTRATES DESIGNED10
	177	+	TO BE AEROBICALLY COMPOSTED IN MUNICIPAL OR INDUSTRIAL11
	178	+	F
	179	+	ACILITIES", AS THAT STANDARD EXISTED AS OF JANUARY 1, 2019.12
124	180		(4) "ASTM
125		-	INTERNATIONAL" MEANS ASTM INTERNATIONAL OR
126		-	ANY SUCCESSOR ENTITY
127		-	.
128		-	(5) "B
129		-	~~IODEGRADABLE MULCH FILM"~~ ~~MEANS ANY FILM PRODUCT USED~~
130		-	~~PAGE 3-SENATE BILL 23-253 AS A TECHNICAL TOOL IN COMMERCIAL FARMING APPLICATIONS~~ THAT :
	181	+	INTERNATIONAL" MEANS ASTM INTERNATIONAL OR13
	182	+	ANY SUCCESSOR ENTITY.14
	183	+
	184	+	(5) "BIODEGRADABLE MULCH FILM " MEANS ANY FILM PRODUCT15
	185	+	USED AS A TECHNICAL TOOL IN COMMERCIAL FARMING APPLICATIONS16
	186	+	THAT:17
131	187		(a) F
132	188		ULFILLS THE PLANT GROWTH AND REGULATED METALS
133		-	REQUIREMENTS OF
134		-	ASTM D6400; AND
135		-	(b) SHOWS AT LEAST A NINETY PERCENT BIODEGRADATION
136		-	ABSOLUTE OR RELATIVE TO MICROCRYSTALLINE CELLULOSE OVER A PERIOD
137		-	OF LESS THAN TWO YEARS ACCORDING TO
138		-	ISO 17556 OR ASTM 5988.
	189	+	18
	190	+	REQUIREMENTS OF ASTM D6400; AND19
	191	+	(b) S
	192	+	HOWS AT LEAST A NINETY PERCENT BIODEGRADATION
	193	+	20
	194	+	ABSOLUTE OR RELATIVE TO MICROCRYSTALLINE CELLULOSE OVER A21
	195	+	PERIOD OF LESS THAN TWO YEARS ACCORDING TO ISO 17556 OR ASTM22
	196	+	5988.23
139	197		(6) "C
140		-	ERTIFIED COMPOSTABLE" MEANS THAT A PRODUCT HAS
141		-	RECEIVED CERTIFICATION BY A RECOGNIZED
142		-	, INDEPENDENT, THIRD-PARTY
143		-	VERIFICATION BODY THAT THE PRODUCT IS COMPOSTABLE
144		-	.
	198	+	ERTIFIED COMPOSTABLE" MEANS THAT A PRODUCT HAS24
	199	+	RECEIVED CERTIFICATION BY A RECOGNIZED, INDEPENDENT, THIRD-PARTY25
	200	+	VERIFICATION BODY THAT THE PRODUCT IS COMPOSTABLE .26
145	201		(7) "C
146		-	OMMERCIAL COMPOSTING FACILITY " MEANS ANY ~~SOLID WASTE~~
147		-	~~COMPOSTING FACILITY REGULATED BY THE DEPARTMENT THAT~~
148		-	:
	202	+	OMMERCIAL COMPOSTING FACILITY " MEANS ANY SOLID27
	203	+	253
	204	+	-5- WASTE COMPOSTING FACILITY REGULATED BY THE DEPARTMENT THAT :1
149	205		(a) A
150		-	CCEPTS A FEE FOR SOLID WASTE COMPOSTING ; OR
151		-	(b) ~~COMPOSTS SOLID WASTE TO CREATE A COMPOST OR SOIL~~
152		-	~~AMENDMENT AND DISTRIBUTES THE FINISHED~~ COMPOST OR ~~SOIL AMENDMENT~~
153		-	~~OFFSITE FOR A FEE~~
154		-	.
	206	+	CCEPTS A FEE FOR SOLID WASTE COMPOSTING ; OR2
	207	+	(b) C
	208	+	OMPOSTS SOLID WASTE TO CREATE A COMPOST OR SOIL3
	209	+	AMENDMENT AND DISTRIBUTES THE FINISHED COMPOST OR SOIL4
	210	+	AMENDMENT OFFSITE FOR A FEE.5
155	211		(8) "C
156		-	OMPOSTABLE" MEANS THAT A PRODUCT IS CAPABLE OF
157		-	UNDERGOING AEROBIC BIOLOGICAL DECOMPOSITION IN A CONTROLLED
158		-	COMPOSTING SYSTEM AS DEMONSTRATED IN ACCORDANCE WITH
159		-	ASTM
	212	+	OMPOSTABLE" MEANS THAT A PRODUCT IS CAPABLE OF6
	213	+	UNDERGOING AEROBIC BIOLOGICAL DECOMPOSITION IN A CONTROLLED7
	214	+	COMPOSTING SYSTEM AS DEMONSTRATED IN ACCORDANCE WITH ASTM8
160	215		D6400
161		-	OR ASTM D6868, AS APPLICABLE.
	216	+	OR ASTM D6868, AS APPLICABLE.9
162	217		(9) "D
163		-	EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
164		-	AND ENVIRONMENT CREATED IN SECTION
165		-	24-1-119.
166		-	(10) "F
167		-	EDERAL TRADE COMMISSION GUIDELINES " MEANS THE
168		-	FEDERAL TRADE COMMISSION GUIDES FOR THE USE OF ENVIRONMENTAL
169		-	MARKETING CLAIMS
170		-	, CODIFIED IN 16 CFR 260 ET SEQ., AS AMENDED.
171		-	(11) "F
172		-	ILM PRODUCT" MEANS A BAG, SACK, WRAP, OR OTHER SHEET
173		-	FILM PRODUCT THAT IS A SINGLE
174		-	-USE PRODUCT MADE PREDOMINANTLY OF
175		-	PLASTIC DERIVED FROM NATURAL GAS
176		-	, PETROLEUM, OR A BIOLOGICALLY
177		-	BASED SOURCE
178		-	, INCLUDING CORN AND OTHER PLANT SOURCES .
179		-	(12) (a) "F
180		-	OOD SERVICE PRODUCT " MEANS A PRODUCT INTENDED FOR
181		-	PAGE 4-SENATE BILL 23-253 ONE-TIME USE AND THAT IS USED FOR FOOD OR DRINK THAT IS OFFERED FOR
182		-	SALE OR USE
183		-	.
	218	+	EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH10
	219	+	AND ENVIRONMENT CREATED IN SECTION 24-1-119.11
	220	+
	221	+	12
	222	+	(10) "FEDERAL TRADE COMMISSION GUIDELINES " MEANS THE13
	223	+	FEDERAL TRADE COMMISSION GUIDES FOR THE USE OF ENVIRONMENTAL14
	224	+	MARKETING CLAIMS, CODIFIED IN 16 CFR 260 ET SEQ., AS AMENDED.15
	225	+	16
	226	+	(11) "FILM PRODUCT" MEANS A BAG, SACK, WRAP, OR OTHER17
	227	+	SHEET FILM PRODUCT THAT IS A SINGLE -USE PRODUCT MADE18
	228	+	PREDOMINANTLY OF PLASTIC DERIVED FROM NATURAL GAS , PETROLEUM,19
	229	+	OR A BIOLOGICALLY BASED SOURCE , INCLUDING CORN AND OTHER PLANT20
	230	+	SOURCES.21
	231	+	(12) (a) "FOOD SERVICE PRODUCT" MEANS A PRODUCT INTENDED22
	232	+	FOR ONE-TIME USE AND THAT IS USED FOR FOOD OR DRINK THAT IS23
	233	+	OFFERED FOR SALE OR USE.24
184	234		(b) "F
185		-	OOD SERVICE PRODUCT " INCLUDES CONTAINERS, PLATES,
186		-	BOWLS, CUPS, LIDS, BEVERAGE CONTAINERS, MEAT TRAYS, DELI ROUNDS,
187		-	UTENSILS, SACHETS, STRAWS, CONDIMENT PACKAGING , CLAMSHELLS AND
188		-	OTHER HINGED OR LIDDED CONTAINERS
189		-	, WRAPS, AND PORTION CUPS.
190		-	(13) "ISO
191		-	17556" MEANS THE INTERNATIONAL ORGANIZATION FOR
192		-	STANDARDIZATION DOCUMENT ENTITLED "PLASTICS - DETERMINATION OF
193		-	THE ULTIMATE AEROBIC BIODEGRADABILITY OF PLASTIC MATERIALS IN SOIL
194		-	BY MEASURING THE OXYGEN DEMAND IN A RESPIROMETER OR THE AMOUNT
195		-	OF CARBON DIOXIDE EVOLVED
196		-	", AS THAT DOCUMENT EXISTED AS OF
197		-	JANUARY 1, 2019.
198		-	(14) "L
199		-	OCAL GOVERNMENT " MEANS A HOME RULE OR STATUTORY
200		-	COUNTY
201		-	, MUNICIPALITY, OR CITY AND COUNTY.
202		-	(15) "P
203		-	ACKAGING" MEANS ANY MATERIAL THAT IS INTENDED FOR
204		-	SINGLE OR SHORT
205		-	-TERM USE AND IS DESIGNED FOR THE CONTAINMENT ,
206		-	PROTECTION, HANDLING, OR DELIVERY OF A PRODUCT.
207		-	(16) (a) "P
208		-	LASTIC PRODUCT" MEANS A PRODUCT MADE OF PLASTIC ,
209		-	WHETHER ALONE OR IN COMBINATION WITH ANOTHER MATERIAL , INCLUDING
210		-	PAPERBOARD
211		-	.
	235	+	OOD SERVICE PRODUCT" INCLUDES CONTAINERS, PLATES,25
	236	+	BOWLS, CUPS, LIDS, BEVERAGE CONTAINERS, MEAT TRAYS, DELI ROUNDS,26
	237	+	UTENSILS, SACHETS, STRAWS, CONDIMENT PACKAGING, CLAMSHELLS AND27
	238	+	253
	239	+	-6- OTHER HINGED OR LIDDED CONTAINERS , WRAPS, AND PORTION CUPS.1
	240	+	(13) "ISO 17556" MEANS THE INTERNATIONAL ORGANIZATION FOR2
	241	+	S
	242	+	TANDARDIZATION DOCUMENT ENTITLED "PLASTICS - DETERMINATION OF3
	243	+	THE ULTIMATE AEROBIC BIODEGRADABILITY OF PLASTIC MATERIALS IN4
	244	+	SOIL BY MEASURING THE OXYGEN DEMAND IN A RESPIROMETER OR THE5
	245	+	AMOUNT OF CARBON DIOXIDE EVOLVED ", AS THAT DOCUMENT EXISTED AS6
	246	+	OF JANUARY 1, 2019.7
	247	+	(14)
	248	+	"LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY8
	249	+	COUNTY, MUNICIPALITY, OR CITY AND COUNTY.9
	250	+	(15) "PACKAGING" MEANS ANY MATERIAL THAT IS INTENDED FOR10
	251	+	SINGLE OR SHORT-TERM USE AND IS DESIGNED FOR THE CONTAINMENT ,11
	252	+	PROTECTION, HANDLING, OR DELIVERY OF A PRODUCT.12
	253	+	13
	254	+	(16) (a) "PLASTIC PRODUCT" MEANS A PRODUCT MADE OF PLASTIC,14
	255	+	WHETHER ALONE OR IN COMBINATION WITH ANOTHER MATERIAL ,15
	256	+	INCLUDING PAPERBOARD.16
212	257		(b) "P
213		-	LASTIC PRODUCT" INCLUDES:
	258	+	LASTIC PRODUCT" INCLUDES:17
214	259		(I) A
215		-	PRODUCT MADE OF PETROCHEMICAL OR PLANT -BASED
216		-	PLASTICS
217		-	;
	260	+	PRODUCT MADE OF PETROCHEMICAL OR PLANT -BASED18
	261	+	PLASTICS;19
218	262		(II) A
219	263		PACKAGE OR PACKAGING COMPONENT ;
	264	+	20
220	265		(III) A
221		-	FILM PRODUCT; AND
222		-	(IV) A FOOD SERVICE PRODUCT THAT IS A PLASTIC PRODUCT .
223		-	(17) (a) "P
224		-	RODUCER" HAS THE MEANING SET FORTH IN SECTION
225		-	25-17-703 (30).
226		-	PAGE 5-SENATE BILL 23-253 (b) "PRODUCER" DOES NOT INCLUDE ANY PERSON DESCRIBED IN
227		-	SECTION
228		-	25-17-713 (1)(e) AND (1)(f).
229		-	(18) (a) "P
230		-	RODUCT ACCESSORY" MEANS ANY STANDARD OR COMMON
231		-	COMPONENTS
232		-	, APPURTENANCES, OR ACCESSORIES THAT ARE SOLD, OFFERED
233		-	FOR SALE
234		-	, OR DISTRIBUTED WITH A PARTICULAR PRODUCT .
	266	+	FILM PRODUCT; AND21
	267	+	(IV) A
	268	+	FOOD SERVICE PRODUCT THAT IS A PLASTIC PRODUCT .22
	269	+	(17)
	270	+	(a) "PRODUCER" HAS THE MEANING SET FORTH IN SECTION23
	271	+	25-17-703
	272	+	(30).24
235	273		(b) "P
236		-	RODUCT ACCESSORY" INCLUDES LIDS, STRAWS, AND LABELS.
237		-	(19) "P
238		-	ROPRIETARY INFORMATION" HAS THE MEANING SET FORTH IN
239		-	SECTION
240		-	25-17-703 (34).
241		-	(20) (a) "S
242		-	MALL PRODUCT" MEANS A PRODUCT WITH A WIDTH OF
243		-	ONE
244		-	-HALF INCH OR LESS OF PRINTABLE SURFACE SPACE .
	274	+	RODUCER" DOES NOT INCLUDE ANY PERSON DESCRIBED IN
	275	+	25
	276	+	SECTION 25-17-713 (1)(e) AND (1)(f).26
	277	+	(18) (a) "PRODUCT ACCESSORY " MEANS ANY STANDARD OR27
	278	+	253
	279	+	-7- COMMON COMPONENTS , APPURTENANCES, OR ACCESSORIES THAT ARE1
	280	+	SOLD, OFFERED FOR SALE, OR DISTRIBUTED WITH A PARTICULAR PRODUCT .2
	281	+	(b) "P
	282	+	RODUCT ACCESSORY" INCLUDES LIDS, STRAWS, AND LABELS.3
	283	+	(19)
	284	+	"PROPRIETARY INFORMATION" HAS THE MEANING SET FORTH4
	285	+	IN SECTION 25-17-703 (34).5
	286	+	(20) (a) "SMALL PRODUCT" MEANS A PRODUCT WITH A WIDTH OF6
	287	+	ONE-HALF INCH OR LESS OF PRINTABLE SURFACE SPACE .7
245	288		(b) "S
246		-	MALL PRODUCT" INCLUDES STRAWS AND UTENSILS.
247		-	(21) "U
248		-	NTREATED WOOD" MEANS WOOD, INCLUDING RAW OR
249		-	KILN
250		-	-DRIED WOOD, THAT IS UNPAINTED AND NOT TREATED WITH ANY
251		-	CHEMICALS INTENDED TO RESIST DECOMPOSITION
252		-	.
253		-	(22) (a) "U
254		-	TENSIL" MEANS A PRODUCT DESIGNED TO BE USED BY A
255		-	CONSUMER TO FACILITATE THE CONSUMPTION OF FOOD OR BEVERAGES
256		-	.
	289	+	MALL PRODUCT" INCLUDES STRAWS AND UTENSILS.8
	290	+	(21)
	291	+	"UNTREATED WOOD" MEANS WOOD, INCLUDING RAW OR9
	292	+	KILN-DRIED WOOD, THAT IS UNPAINTED AND NOT TREATED WITH ANY10
	293	+	CHEMICALS INTENDED TO RESIST DECOMPOSITION .11
	294	+	(22) (a) "UTENSIL" MEANS A PRODUCT DESIGNED TO BE USED BY12
	295	+	A CONSUMER TO FACILITATE THE CONSUMPTION OF FOOD OR BEVERAGES .13
257	296		(b) "U
258		-	TENSIL" INCLUDES KNIVES, FORKS, SPOONS, SPORKS, COCKTAIL
259		-	PICKS
260		-	, CHOPSTICKS, SPLASH STICKS, AND STIRRERS.
261		-	(23) "W
262		-	OOD" MEANS RENEWABLE WOOD OR FIBER -BASED
263		-	SUBSTRATE
264		-	.
265		-	25-17-803. Requirements for products represented as
	297	+	TENSIL" INCLUDES KNIVES, FORKS, SPOONS, SPORKS,14
	298	+	COCKTAIL PICKS, CHOPSTICKS, SPLASH STICKS, AND STIRRERS.15
	299	+	(23)
	300	+	"WOOD" MEANS RENEWABLE WOOD OR FIBER -BASED16
	301	+	SUBSTRATE.17
	302	+	25-17-803. Requirements for products represented as18
266	303		compostable. (1) A
267		-	PRODUCER OF A PRODUCT THAT IS SOLD, OFFERED FOR
268		-	SALE
269		-	, OR DISTRIBUTED IN THE STATE SHALL NOT REPRESENT THE PRODUCT
270		-	AS COMPOSTABLE IN THE STATE UNLESS
271		-	:
	304	+	PRODUCER OF A PRODUCT THAT IS SOLD , OFFERED19
	305	+	FOR SALE, OR DISTRIBUTED IN THE STATE SHALL NOT REPRESENT THE20
	306	+	PRODUCT AS COMPOSTABLE IN THE STATE UNLESS :21
272	307		(a) T
273		-	HE PRODUCT IS CERTIFIED COMPOSTABLE IN ACCORDANCE WITH
274		-	ASTM D6400 OR ASTM D6868, AS APPLICABLE; AND
275		-	(b) TO THE EXTENT CONSISTENT WITH FEDERAL TRADE COMMISSION
276		-	GUIDELINES AND IN A MANNER THAT ENSURES THAT THE PRODUCT IS EASILY
277		-	PAGE 6-SENATE BILL 23-253 AND IMMEDIATELY DISTINGUISHABLE AS CERTIFIED COMPOSTABLE , AS
278		-	DESCRIBED IN SUBSECTION
279		-	(1)(a) OF THIS SECTION, UPON QUICK INSPECTION
280		-	AT POINT OF SALE AND POINT OF USE AND IN A PUBLIC SORTING AREA AND
281		-	PROCESSING FACILITY
282		-	, THE PRODUCT AND ITS PACKAGING:
	308	+	HE PRODUCT IS CERTIFIED COMPOSTABLE IN ACCORDANCE22
	309	+	WITH ASTM D6400 OR ASTM D6868, AS APPLICABLE; AND23
	310	+	(b) T
	311	+	O THE EXTENT CONSISTENT WITH FEDERAL TRADE24
	312	+	COMMISSION GUIDELINES AND IN A MANNER THAT ENSURES THAT THE25
	313	+	PRODUCT IS EASILY AND IMMEDIATELY DISTINGUISHABLE AS CERTIFIED26
	314	+	COMPOSTABLE, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION,27
	315	+	253
	316	+	-8- UPON QUICK INSPECTION AT POINT OF SALE AND POINT OF USE AND IN A1
	317	+	PUBLIC SORTING AREA AND PROCESSING FACILITY , THE PRODUCT AND ITS2
	318	+	PACKAGING:3
283	319		(I) D
284		-	ISPLAY A CERTIFICATION LOGO THAT INDICATES THAT THE
285		-	PRODUCT IS CERTIFIED COMPOSTABLE
286		-	;
	320	+	ISPLAY A CERTIFICATION LOGO THAT INDICATES THAT THE4
	321	+	PRODUCT IS CERTIFIED COMPOSTABLE ;5
287	322		(II) D
288		-	ISPLAY THE WORD "COMPOSTABLE" WHERE POSSIBLE; ~~AND~~
289		-	(III) ~~USE GREEN-COLORED LABELING OR STRIPING OR OTHER EASILY~~
290		-	~~RECOGNIZABLE~~ GREEN ~~SYMBOLS~~
291		-	~~, COLORS, TINTING, MARKS,~~ OR ~~DESIGN~~
292		-	~~PATTERNS THAT DIFFERENTIATE THE PRODUCT FROM PRODUCTS THAT ARE~~
293		-	~~NOT CERTIFIED COMPOSTABLE~~
294		-	.
	323	+	ISPLAY THE WORD "COMPOSTABLE" WHERE POSSIBLE; AND6
	324	+	(III) U
	325	+	SE GREEN-COLORED
	326	+	LABELING OR STRIPING OR OTHER7
	327	+	EASILY RECOGNIZABLE GREEN SYMBOLS, COLORS, TINTING, MARKS, OR8
	328	+	DESIGN PATTERNS THAT DIFFERENTIATE THE PRODUCT FROM PRODUCTS9
	329	+	THAT ARE NOT CERTIFIED COMPOSTABLE .10
295	330		(2) N
296		-	OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
297		-	CONTRARY
298		-	, A PRODUCER OF ANY PRODUCT DESCRIBED IN SUBSECTION (1) OF
299		-	THIS SECTION THAT IS A SMALL PRODUCT IS REQUIRED TO COMPLY ONLY
300		-	WITH THE REQUIREMENTS OF SUBSECTION
301		-	(1)(b)(I), (1)(b)(II), OR (1)(b)(III)
302		-	OF THIS SECTION.
	331	+	OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE11
	332	+	CONTRARY, A PRODUCER OF ANY PRODUCT DESCRIBED IN SUBSECTION (1)12
	333	+	OF THIS SECTION THAT IS A SMALL PRODUCT IS REQUIRED TO COMPLY ONLY13
	334	+	WITH THE REQUIREMENTS OF SUBSECTION (1)(b)(I), (1)(b)(II), OR14
	335	+	(1)(b)(III)
	336	+	OF THIS SECTION.15
303	337		(3) (a) A
304		-	NY PRODUCT ACCESSORY THAT IS NOT A SMALL PRODUCT
305		-	AND THAT IS SOLD
306		-	, OFFERED FOR SALE, OR DISTRIBUTED WITH ANY PRODUCT
307		-	DESCRIBED IN SUBSECTION
308		-	(1) OF THIS SECTION MUST:
	338	+	NY PRODUCT ACCESSORY THAT IS NOT A SMALL PRODUCT16
	339	+	AND THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED WITH ANY17
	340	+	PRODUCT DESCRIBED IN SUBSECTION (1) OF THIS SECTION MUST:18
309	341		(I) C
310		-	OMPLY WITH SUBSECTION (1) OF THIS SECTION IF THE PRODUCT
311		-	IS CERTIFIED COMPOSTABLE
312		-	;
	342	+	OMPLY WITH SUBSECTION (1) OF THIS SECTION IF THE19
	343	+	PRODUCT IS CERTIFIED COMPOSTABLE ;20
313	344		(II) D
314		-	ISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS
315		-	PACKAGING THAT CLEARLY DESCRIBES THE RECYCLABILITY OF THE PRODUCT
316		-	ACCESSORY
317		-	; OR
318		-	(III) DISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS
319		-	PACKAGING THAT INCLUDES THE PHRASE
320		-	"LANDFILL ONLY".
	345	+	ISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS21
	346	+	PACKAGING THAT CLEARLY DESCRIBES THE RECYCLABILITY OF THE22
	347	+	PRODUCT ACCESSORY; OR23
	348	+	(III) D
	349	+	ISPLAY A LABEL ON THE PRODUCT ACCESSORY AND ITS24
	350	+	PACKAGING THAT INCLUDES THE PHRASE "LANDFILL ONLY".25
321	351		(b) A
322		-	NY PRODUCT ACCESSORY THAT IS A SMALL PR ODUCT MAY
323		-	COMPLY WITH THE REQUIREMENTS OF SUBSECTIONS
324		-	(2) AND (3)(a) OF THIS
325		-	SECTION
326		-	, AS APPLICABLE, IN A MANNER THAT IS IN PROPORTION TO THE SIZE
327		-	OF THE PRODUCT ACCESSORY
328		-	.
329		-	PAGE 7-SENATE BILL 23-253 (4) NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE
330		-	CONTRARY
331		-	, THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO A
332		-	PRODUCER OF A PRODUCT THAT IS COMPRISED ENTIRELY OF UNTREATED
333		-	WOOD
334		-	.
	352	+	NY PRODUCT ACCESSORY THAT IS A SMALL PRODUCT MAY26
	353	+	COMPLY WITH THE REQUIREMENTS OF SUBSECTIONS (2) AND (3)(a) OF THIS27
	354	+	253
	355	+	-9- SECTION, AS APPLICABLE, IN A MANNER THAT IS IN PROPORTION TO THE1
	356	+	SIZE OF THE PRODUCT ACCESSORY.2
	357	+	(4) N
	358	+	OTWITHSTANDING ANYTHING IN THIS SECTION TO THE3
	359	+	CONTRARY, THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO A4
	360	+	PRODUCER OF A PRODUCT THAT IS COMPRISED ENTIRELY OF UNTREATED5
	361	+	WOOD.
	362	+	6
335	363		(5) T
336	364		HIS SECTION IS EFFECTIVE JULY 1, 2024.
337		-	~~25-17-804. Marketing and advertising prohibitions for products~~
338		-	~~that are not certified compostable - misleading labels, images,~~ and
339		-	~~words - plastic products. (1) A~~
340		-	~~PRODUCER OF~~ A ~~PRODUCT THAT IS NOT~~
341		-	~~CERTIFIED COMPOSTABLE SHALL NOT MARKET OR ADVERTISE THE PRODUCT~~
342		-	~~IN THE STATE USING~~
343		-	:
	365	+	7
	366	+	25-17-804. Marketing and advertising prohibitions for8
	367	+	products that are not certified compostable - misleading labels,9
	368	+	images, and words - plastic products. (1) A
	369	+	PRODUCER OF A PRODUCT10
	370	+	THAT IS NOT CERTIFIED COMPOSTABLE SHALL NOT MARKET OR ADVERTISE11
	371	+	THE PRODUCT IN THE STATE USING:12
344	372		(a) T
345		-	INTING, COLOR SCHEMES, LABELING, OR WORDS THAT ~~ARE~~
346		-	REQUIRED FOR PRODUCTS REPRESENTED AS COMPOSTABLE PURSUANT TO
347		-	SECTION
348		-	~~25-17-803; OR~~
349		-	(b) ~~LABELING, IMAGES, OR WORDS THAT COULD BE REASONABLY~~
350		-	~~ANTICIPATED TO MISLEAD CONSUMERS INTO BELIEVING~~ THAT ~~THE PRODUCT~~
351		-	~~IS COMPOSTABLE~~
352		-	.
	373	+	INTING, COLOR SCHEMES, LABELING, OR WORDS THAT ARE13
	374	+	REQUIRED FOR PRODUCTS REPRESENTED AS COMPOSTABLE PURSUANT TO14
	375	+	SECTION 25-17-803; OR
	376	+	15
	377	+	(b) L
	378	+	ABELING, IMAGES, OR WORDS THAT COULD BE REASONABLY16
	379	+	ANTICIPATED TO MISLEAD CONSUMERS INTO BELIEVING THAT THE17
	380	+	PRODUCT IS COMPOSTABLE.18
353	381		(2) (a) A
354		-	PRODUCER OF A PLASTIC PRODUCT SHALL NOT MARKET OR
355		-	ADVERTISE THE PRODUCT IN THE STATE USING
356		-	:
	382	+	PRODUCER OF A PLASTIC PRODUCT SHALL NOT MARKET19
	383	+	OR ADVERTISE THE PRODUCT IN THE STATE USING :20
357	384		(I) T
358		-	HE WORDS "NATURAL", "BIODEGRADABLE", "DEGRADABLE",
	385	+	HE WORDS "NATURAL", "BIODEGRADABLE", "DEGRADABLE",21
359	386		"
360		-	DECOMPOSABLE ", "OXO-DEGRADABLE ", "BIOASSIMILABLE ",
	387	+	DECOMPOSABLE ", "OXO-DEGRADABLE ", "BIOASSIMILABLE",22
361	388		"
362		-	OMNIDEGRADABLE", OR ANY OTHER SIMILAR FORM OF THESE WORDS ; OR
363		-	(II) ANY LABELING, IMAGES, OR WORDS THAT IMPLY THAT THE
364		-	PLASTIC PRODUCT WILL EVENTUALLY BREAK DOWN
365		-	, FRAGMENT,
366		-	BIODEGRADE, OR DECOMPOSE IN A LANDFILL OR OTHER ENVIRONMENT IN
367		-	THE SAME MANNER AS A PRODUCT THAT IS CERTIFIED COMPOSTABLE
368		-	.
369		-	(b) T
370		-	HE PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION DO NOT
371		-	APPLY TO BIODEGRADABLE MULCH FILM
372		-	.
	389	+	OMNIDEGRADABLE", OR ANY OTHER SIMILAR FORM OF THESE WORDS ; OR23
	390	+	(II) A
	391	+	NY LABELING, IMAGES, OR WORDS THAT IMPLY THAT THE24
	392	+	PLASTIC PRODUCT WILL EVENTUALLY BREAK DOWN , FRAGMENT,25
	393	+	BIODEGRADE, OR DECOMPOSE IN A LANDFILL OR OTHER ENVIRONMENT IN26
	394	+	THE SAME MANNER AS A PRODUCT THAT IS CERTIFIED COMPOSTABLE .27
	395	+	253
	396	+	-10- (b) THE PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION DO1
	397	+	NOT APPLY TO BIODEGRADABLE MULCH FILM .2
373	398		(3) A
374		-	PRODUCER OF A PRODUCT THAT IS COMPOSTABLE SHALL NOT
375		-	MARKET OR ADVERTISE THE PRODUCT USING A CHASING ARROW RESIN
376		-	IDENTIFICATION CODE OR RECYCLING SYMBOL OF ANY FORM
377		-	.
378		-	PAGE 8-SENATE BILL 23-253 (4) EACH PRODUCER THAT SELLS, OFFERS FOR SALE, OR DISTRIBUTES
379		-	A PRODUCT IN THE STATE IS ENCOURAGED TO USE LABELING
380		-	, IMAGES, AND
381		-	WORDS THAT ASSIST CONSUMERS IN IDENTIFYING PRODUCTS THAT ARE
382		-	SUITABLE FOR RECYCLING OR LANDFILL ONLY
383		-	, AS APPLICABLE, AND THAT
384		-	ARE NOT COMPOSTABLE
385		-	.
	399	+	PRODUCER OF A PRODUCT THAT IS COMPOSTABLE SHALL NOT3
	400	+	MARKET OR ADVERTISE THE PRODUCT USING A CHASING ARROW RESIN4
	401	+	IDENTIFICATION CODE OR RECYCLING SYMBOL OF ANY FORM .5
	402	+	(4) E
	403	+	ACH PRODUCER THAT SELLS , OFFERS FOR SALE, OR6
	404	+	DISTRIBUTES A PRODUCT IN THE STATE IS ENCOURAGED TO USE LABELING ,7
	405	+	IMAGES, AND WORDS THAT ASSIST CONSUMERS IN IDENTIFYING PRODUCTS8
	406	+	THAT ARE SUITABLE FOR RECYCLING OR LANDFILL ONLY , AS APPLICABLE,9
	407	+	AND THAT ARE NOT COMPOSTABLE .10
386	408		(5) T
387		-	HE REQUIREMENTS OF THIS SECTION APPLY ONLY TO THE
388		-	EXTENT CONSISTENT WITH ANY APPLICABLE FEDERAL LAW
389		-	.
	409	+	HE REQUIREMENTS OF THIS SECTION APPLY ONLY TO THE11
	410	+	EXTENT CONSISTENT WITH ANY APPLICABLE FEDERAL LAW .12
390	411		(6) T
391	412		HE PROHIBITION IN SUBSECTION (1)(a) OF THIS SECTION DOES
392		-	~~NOT APPLY TO BRAND COLORS OR COLORS USED IN A MANNER THAT IS NOT~~
393		-	~~CLEARLY INTENDED~~ TO ~~INDICATE COMPOSTABILITY~~
394		-	.
	413	+	13
	414	+	NOT APPLY TO BRAND COLORS OR COLORS USED IN A MANNER THAT IS NOT14
	415	+	CLEARLY INTENDED TO INDICATE COMPOSTABILITY .15
395	416		(7) T
396	417		HIS SECTION IS EFFECTIVE JANUARY 1, 2024.
397		-	25-17-805. Proof of compliance - information on commercial
	418	+	16
	419	+	25-17-805. Proof of compliance - information on commercial17
398	420		composting environment. (1) O
399		-	N AND AFTER JANUARY 1, 2024, AT THE
400		-	REQUEST OF ANY PERSON
401		-	, INCLUDING THE ATTORNEY GENERAL, A PRODUCER
402		-	SHALL PROVIDE INFORMATION AND DOCUMENTATION DEMONSTRATING THE
403		-	PRODUCER
404		-	'S COMPLIANCE WITH THIS PART 8 IN A FORMAT THAT IS EASILY
405		-	UNDERSTANDABLE AND SCIENTIFICALLY ACCURATE
406		-	, WHICH MAY INCLUDE
407		-	PROVIDING A CERTIFICATION DEMONSTRATING THAT A PRODUCT IS CERTIFIED
408		-	COMPOSTABLE
409		-	.
	421	+	N AND AFTER JANUARY 1, 2024, AT THE18
	422	+	REQUEST OF ANY PERSON , INCLUDING THE ATTORNEY GENERAL , A19
	423	+	PRODUCER SHALL PROVIDE INFORMATION AND DOCUMENTATION20
	424	+	DEMONSTRATING THE PRODUCER 'S COMPLIANCE WITH THIS PART 8 IN A21
	425	+	FORMAT THAT IS EASILY UNDERSTANDABLE AND SCIENTIFICALLY22
	426	+	ACCURATE, WHICH MAY INCLUDE PROVIDING A CERTIFICATION23
	427	+	DEMONSTRATING THAT A PRODUCT IS CERTIFIED COMPOSTABLE .24
410	428		(2) A
411		-	T THE REQUEST OF A COMMERCIAL COMPOSTING FACILITY , A
412		-	PRODUCER IS ENCOURAGED TO PROVIDE THE COMMERCIAL COMPOSTING
413		-	FACILITY INFORMATION REGARDING THE CHARACTERISTICS
414		-	, SUCH AS HEAT
415		-	OR MOISTURE LEVELS
416		-	, OF THE COMMERCIAL COMPOSTING ENVIRONMENT IN
417		-	WHICH THE PRODUCER
418		-	'S PRODUCT HAS BEEN TESTED AND FOUND TO BE
419		-	COMPOSTABLE
420		-	.
	429	+	T THE REQUEST OF A COMMERCIAL COMPOSTING FACILITY , A25
	430	+	PRODUCER IS ENCOURAGED TO PROVIDE THE COMMERCIAL COMPOSTING26
	431	+	FACILITY INFORMATION REGARDING THE CHARACTERISTICS , SUCH AS HEAT27
	432	+	253
	433	+	-11- OR MOISTURE LEVELS, OF THE COMMERCIAL COMPOSTING ENVIRONMENT1
	434	+	IN WHICH THE PRODUCER'S PRODUCT HAS BEEN TESTED AND FOUND TO BE2
	435	+	COMPOSTABLE.3
421	436		(3) N
422		-	OTWITHSTANDING ANYTHING IN THIS SECTION TO THE
423		-	CONTRARY
424		-	, NOTHING IN THIS SECTION REQUIRES A PRODUCER TO DISCLOSE
425		-	PROPRIETARY INFORMATION TO ANY PERSON
426		-	.
427		-	25-17-806. Education and outreach - complaint forum. (1) T
428		-	HE
429		-	DEPARTMENT SHALL
430		-	, IN COLLABORATION WITH LOCAL GOVERNMENTS ,
431		-	CONDUCT EDUCATION AND OUTREACH ACTIVITIES TO INFORM RETAIL
432		-	ESTABLISHMENTS
433		-	, CONSUMERS, PRODUCERS, AND RETAILERS ABOUT THE
434		-	REQUIREMENTS AND PROHIBITIONS OF THIS PART
435		-	8.
436		-	PAGE 9-SENATE BILL 23-253 (2) (a) ON OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL
437		-	ESTABLISH A FORUM THAT ALLOWS ANY PERSON TO FILE A COMPLAINT
438		-	AGAINST A PRODUCER FOR A VIOLATION OF THIS PART
439		-	8. THE FORUM
440		-	ESTABLISHED BY THE DEPARTMENT MAY INCLUDE ANY OF THE FOLLOWING
441		-	MECHANISMS TO RECEIVE COMPLAINTS
442		-	:
	437	+	OTWITHSTANDING ANYTHING IN THIS SECTION TO THE4
	438	+	CONTRARY, NOTHING IN THIS SECTION REQUIRES A PRODUCER TO DISCLOSE5
	439	+	PROPRIETARY INFORMATION TO ANY PERSON .6
	440	+	25-17-806.
	441	+	Education and outreach - complaint forum.7
	442	+	(1) T
	443	+	HE DEPARTMENT SHALL , IN COLLABORATION WITH LOCAL8
	444	+	GOVERNMENTS, CONDUCT EDUCATION AND OUTREACH ACTIVITIES TO9
	445	+	INFORM RETAIL ESTABLISHMENTS , CONSUMERS, PRODUCERS, AND10
	446	+	RETAILERS ABOUT THE REQUIREMENTS AND PROHIBITIONS OF THIS PART 8.11
	447	+	(2) (a) O
	448	+	N OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL12
	449	+	ESTABLISH A FORUM THAT ALLOWS ANY PERSON TO FILE A COMPLAINT13
	450	+	AGAINST A PRODUCER FOR A VIOLATION OF THIS PART 8. THE FORUM14
	451	+	ESTABLISHED BY THE DEPARTMENT MAY INCLUDE ANY OF THE FOLLOWING15
	452	+	MECHANISMS TO RECEIVE COMPLAINTS :16
443	453		(I) A
444		-	COMPLAINT FORM ON THE DEPARTMENT 'S WEBSITE;
	454	+	COMPLAINT FORM ON THE DEPARTMENT 'S WEBSITE;17
445	455		(II) A
446		-	TELEPHONE HOTLINE; OR
447		-	(III) A PUBLIC OUTREACH STRATEGY BASED ON SOCIAL MEDIA .
	456	+	TELEPHONE HOTLINE; OR18
	457	+	(III) A
	458	+	PUBLIC OUTREACH STRATEGY BASED ON SOCIAL MEDIA .19
448	459		(b) T
449		-	HE DEPARTMENT SHALL PROVIDE ANY NONFRIVOLOUS AND
450		-	NONTRIVIAL COMPLAINTS RECEIVED THROUGH THE FORUM TO THE
451		-	ATTORNEY GENERAL
452		-	'S OFFICE.
453		-	SECTION 2. Appropriation. For the 2023-24 state fiscal year,
454		-	$26,250 is appropriated to the department of public health and environment
455		-	for use by the hazardous materials and waste management division. This
456		-	appropriation is from the general fund and is based on an assumption that
457		-	the division will require an additional 0.4 FTE. To implement this act, the
458		-	division may use this appropriation for the solid waste control program.
459		-	SECTION 3. Act subject to petition - effective date. This act
460		-	takes effect at 12:01 a.m. on the day following the expiration of the
461		-	ninety-day period after final adjournment of the general assembly; except
462		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
463		-	of the state constitution against this act or an item, section, or part of this act
464		-	within such period, then the act, item, section, or part will not take effect
465		-	unless approved by the people at the general election to be held in
466		-	PAGE 10-SENATE BILL 23-253 November 2024 and, in such case, will take effect on the date of the official
467		-	declaration of the vote thereon by the governor.
468		-	____________________________ ____________________________
469		-	Steve Fenberg
470		-	Julie McCluskie
471		-	PRESIDENT OF SPEAKER OF THE HOUSE
472		-	THE SENATE OF REPRESENTATIVES
473		-	____________________________ ____________________________
474		-	Cindi L. Markwell Robin Jones
475		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
476		-	THE SENATE OF REPRESENTATIVES
477		-	APPROVED________________________________________
478		-	(Date and Time)
479		-	_________________________________________
480		-	Jared S. Polis
481		-	GOVERNOR OF THE STATE OF COLORADO
482		-	PAGE 11-SENATE BILL 23-253
	460	+	HE DEPARTMENT SHALL PROVIDE ANY NONFRIVOLOUS AND20
	461	+	NONTRIVIAL COMPLAINTS RECEIVED THROUGH THE FORUM TO THE21
	462	+	ATTORNEY GENERAL'S OFFICE.22
	463	+
	464	+	23
	465	+	SECTION 2. Appropriation. For the 2023-24 state fiscal year,24
	466	+	$26,250 is appropriated to the department of public health and25
	467	+	environment for use by the hazardous materials and waste management26
	468	+	division. This appropriation is from the general fund and is based on an27
	469	+	253
	470	+	-12- assumption that the division will require an additional 0.4 FTE. To1
	471	+	implement this act, the division may use this appropriation for solid waste2
	472	+	control program.3
	473	+	SECTION 3. Act subject to petition - effective date. This act4
	474	+	takes effect at 12:01 a.m. on the day following the expiration of the5
	475	+	ninety-day period after final adjournment of the general assembly; except6
	476	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V7
	477	+	of the state constitution against this act or an item, section, or part of this8
	478	+	act within such period, then the act, item, section, or part will not take9
	479	+	effect unless approved by the people at the general election to be held in10
	480	+	November 2024 and, in such case, will take effect on the date of the11
	481	+	official declaration of the vote thereon by the governor.12
	482	+	253
	483	+	-13-