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Plastic Pollution Reduction Act - January 2024 Update

Posted on: December 18, 2023 - 2:29pm

On July 6, 2021, Governor Jared Polis approved House Bill 21-1162 (HB21-1162).  This Bill is also known as the Plastic Pollution Reduction Act.  To read  HB21-1162, refer to the following website: https://leg.colorado.gov/sites/default/files/2021a_1162_signed.pdf

There are a few details and timelines that local stores, retail food establishments and customers need to understand and be prepared for as follows:

Retail Food Establishments: 

  • On and after January 1, 2024, retail food establishments can NO LONGER distribute an expanded polystyrene (i.e. Styrofoam) product for use as a container for takeout and leftovers. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted.
  • Per the Colorado Revised Statutes Section 25-4-1602, a “Retail food establishment” means a retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food.
  • The act requires the Town of Bayfield to enforce against a violation of the act and expressly authorizes the Town to impose a civil penalty against a retail food establishment of up to $500 for a second violation or up to $1,000 for a third or subsequent violation.

Stores: 

  • On and after January 1, 2024, a store shall NOT provide a single-use plastic carryout bag to a customer.  A store may provide a customer with one or more recycled paper carryout bags at the point of sale only if the customer pays a carryout bag fee of 0.10¢ per recycled paper carryout bag.
  • On or before June 1, 2024, a store may provide a customer with a single-use plastic carryout bag at the point of sale for 0.10¢ per single-use plastic carryout bag if the single-use plastic carryout bag was part of the store’s inventory before January 1, 2024.
  • The carryout bag fee does not apply to a customer that provides evidence to the store that they participate in a federal or state food assistance program.
  • The store shall:
    1. Provide on the customer’s transaction receipt a record of the # of carryout bags provided;
    2. Not refund any portion of the carryout bag fee;
    3. Display a sign in a location inside or outside the store alerting customers about carryout bag fees;
    4. On a quarterly basis starting on April 1, 2024, remit 60% of the carryout bag fees to the Town of Bayfield by April 30th, July 31st, October 31st, and January 31st each year. The business gets to keep the remaining 40%;
    5. A store does not need to remit carryout bag fees to the Town of Bayfield if in any quarter the store collects less than $20.00; and
    6. The fee does not count as revenue for the purpose of calculating sales tax. 

  • A “Store” means a grocery store, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers. A “Store” does not include a “Small Store”. 

  • A “Small Store” means a store that operates solely in Colorado, has three or fewer locations in the State, and is not part of a franchise, corporation or partnership that has physical locations outside of Colorado. 
  • The Town of Bayfield shall use its portion of the carryout bag fee revenues to pay for administrative and enforcement costs incurred by this House Bill, and any recycling, composting, or other waste diversion programs or related outreach or education activities. The act also requires the Town of Bayfield to enforce against a violation of the act and expressly authorizes the Town to impose a civil penalty against a store of up to $500 for a second violation or up to $1,000 for a third or subsequent violation.

Please let me know if you have any questions. I can be reached at nkillian@bayfieldgov.org or (970)884-9544 x103. 

Nicol Killian, AICP, Community Development Director