SB 26-146

Senate Bill 26-146 expands Colorado's 'Plastic Pollution Reduction Act' by prohibiting restaurants and food delivery services from providing single-use items like plates and cups unless a customer specifically requests them starting January 1, 2027. This means that businesses can only give out such items if the customer asks for them or confirms they want them when asked. The bill also requires the Department of Public Health and Environment to create an informational webpage about these new rules before the start date. Since the status is "signed," this bill has been approved by both houses of the legislature and signed into law, meaning it will go into effect as planned.

Official Summary

Under current law, the 'Plastic Pollution Reduction Act' includes restrictions on the use and distribution of single-use plastic carryout bags and expanded polystyrene food containers.     The act expands the 'Plastic Pollution Reduction Act' by prohibiting, on and after January 1, 2027, a retail food establishment or third-party food delivery service from providing single-use food serviceware to a customer unless the customer requests single-use food serviceware or confirms that the customer wants single-use food serviceware after being asked if they would like single-use food serviceware. A retail food establishment or third-party food delivery service is only permitted to provide the single-use food serviceware items requested or confirmed by the customer and is prohibited from providing a customer with a bundled package that contains more than one type of single-use food serviceware item. The act specifies certain exceptions and clarifies that a third-party food delivery service is not liable for a retail food establishment's failure to follow a customer's request if the third-party food delivery service accurately communicated the customer's request to the retail food establishment.     The department of public health and environment (department) is required to, on or before January 1, 2027, establish a page on the department's public website that includes a description of the requirements set forth in the act and the existing enforcement mechanism included in the 'Plastic Pollution Reduction Act'.(Note: This summary applies to this bill as enacted.)

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