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Plastic Pollution Reduction Act

Posted on: November 18, 2022 - 1:20pm

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:

  • Between January 1, 2023 and January 1, 2024, a store or retail establishment may furnish a recycled paper carryout bag or a single-use plastic carryout bag at the point of sale if the customer pays 10 cents per bag.
  • On and after January 1, 2024, a store or retail establishment can NO LONGER provide single-use plastic carryout bags to customers. The prohibition does not apply to inventory purchased before January 1, 2024, and used on or before June 1, 2024, which may be supplied to a customer at the point of sale for a 10-cent per bag.
  • On and after January 1, 2024, a store or retail establishment may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag.
  • 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.
  • Stores and retail food establishments must provide, on the customers transaction receipt, a record of the number of carryout bags provided and the total fees charged. 
  • Stores and retail food establishments are required to remit, on a quarterly basis beginning April 1, 2024, 60% of the carryout bag fee revenues to the Town of Bayfield, and may retain the remaining 40% of the carryout bag fee revenues.
  • The carryout bag fee does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program.

***Stores that operate solely in Colorado; have 3 or fewer locations in Colorado; and are not part of a franchise, corporation or partnership that has physical locations outside of Colorado ARE EXEMPT. 

The Town of Bayfield will reach out to stores and retail food establishments before April 1, 2024 to outline how the Town will be collecting 60% of the carryout bag fee revenues. The Town of Bayfield may use its portion of the carryout bag fee revenues to pay for administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities. The act also authorizes 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 or retail food establishment of up to $500 for a second violation or up to $1,000 for a third or subsequent violation; except that a local government cannot enforce a violation committed by a retail food establishment located within a school.

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