COHB-21-1162Enacted

Management Of Plastic Products

Jurisdiction:: Colorado
Type:: Preemption
Last action:: Jul 6, 2021

Plastic Packaging

Next steps for producers

Confirm your obligations under this measure and track its implementing rules

Applies toStores (grocery stores, supermarkets, convenience stores, liquor stores, dry cleaners, pharmacies, drug stores, clothing stores, other retail establishments where carryout bags are traditionally provided; includes…

Obligations under this law

·On and after January 1, 2023 and before January 1, 2024: Charge a minimum $0.10 carryout bag fee per single-use plastic carryout bag or recycled paper carryout bag provided to customers at point of sale
·On and after January 1, 2024: Charge a minimum $0.10 carryout bag fee per recycled paper carryout bag provided to customers at point of sale
·On and after January 1, 2024: Do NOT provide single-use plastic carryout bags to customers (with limited inventory exception through June 1, 2024)

Program page →

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Bill repeals state preemption of local plastic bag bans and restrictions, enabling local EPR-adjacent regulation but is primarily a preemption/deregulation measure rather than establishing EPR producer responsibility.

Covered Products

·Single-use plastic carryout bags (bags made predominantly of plastic derived from natural gas, petroleum, or biologically based sources such as corn or other plant sources, provided at point of sale)
·Recycled paper carryout bags (bags made from 100% recycled material or post-consumer content, with basis weight greater than 30 pounds)
·Expanded polystyrene (EPS) products including blown polystyrene (Styrofoam), expanded or extruded foam made from thermoplastic petrochemical materials utilizing styrene monomer)

Producer Obligations

·On and after January 1, 2023 and before January 1, 2024: Charge a minimum $0.10 carryout bag fee per single-use plastic carryout bag or recycled paper carryout bag provided to customers at point of sale
·On and after January 1, 2024: Charge a minimum $0.10 carryout bag fee per recycled paper carryout bag provided to customers at point of sale
·On and after January 1, 2024: Do NOT provide single-use plastic carryout bags to customers (with limited inventory exception through June 1, 2024)
·January 1, 2024 through June 1, 2024 (inventory exception): May provide remaining pre-January 1, 2024 inventory of single-use plastic carryout bags subject to the $0.10 fee
·Remit 60% of collected carryout bag fees to the municipality (or county if not within a municipality) on a quarterly basis starting April 1, 2024
·Retain 40% of collected carryout bag fees (this portion does not count as revenue for sales tax calculation purposes)
·Provide itemized receipt to each customer showing number of carryout bags provided and total fees charged, itemized by bag type
·Not refund any portion of the carryout bag fee to customers, directly or indirectly, and not advertise or convey that any portion will be refunded
·Conspicuously display a sign inside or outside the store alerting customers about the carryout bag fee
·Waive carryout bag fee for customers who provide evidence of participation in a federal or state food assistance program

Exemptions

·Small stores (operates solely in Colorado, 3 or fewer in-state locations, not part of a franchise/corporation/partnership with locations outside Colorado) are excluded from the definition of 'store' and are not subject to bag restrictions or fees
·Retail food establishments that (a) prepare or serve food in individual portions for immediate on- or off-premises consumption AND (b) are not a grocery store or convenience store are exempt from the single-use plastic carryout bag prohibition
·Bags with paper basis weight of 30 pounds or less are excluded from the definition of 'carryout bag'
·Pharmacy bags provided to customers purchasing prescription medication are excluded from 'carryout bag' definition
·In-store bags used to package loose/bulk items (fruits, vegetables, nuts, grains, candy, greeting cards, nails, bolts, screws, small hardware, live insects/fish/crustaceans/mollusks/small species, bulk seed/livestock feed/pet feed) are excluded
·Bags used to contain or wrap frozen foods, meat, seafood, fish, flowers, potted plants, or items that could dampen or contaminate other items are excluded
·Bags used to contain unwrapped prepared foods or bakery goods are excluded
·Laundry, dry cleaning, or garment bags are excluded
·Farmers markets and roadside markets as described in Section 25-4-1602(14)(j) are excluded from the definition of 'retail food establishment' (though they are included in the definition of 'store')
·Carryout bag fee is waived for customers who provide evidence of participation in a federal or state food assistance program
·Reusable carryout bags (designed/manufactured for at least 125 uses, carry at least 22 lbs over 175 feet, stitched handles, made of cloth/fiber/fabric or recycled material such as PET) are excluded from 'single-use plastic carryout bag' definition
·Bags made of biologically based polymers (corn or other plant sources) are excluded from 'reusable carryout bag' definition, except hemp bags meeting the reusable bag specifications qualify

Key Deadlines

Jan 1, 2023compliance: Stores must begin charging $0.10 per single-use plastic carryout bag or recycled paper carryout bag provided to customers

Jan 1, 2024compliance: Stores and retail food establishments must stop providing single-use plastic carryout bags to customers; stores must charge $0.10 per recycled paper carryout bag

Jun 1, 2024compliance: Last date stores may provide pre-January 1, 2024 inventory of single-use plastic carryout bags (subject to fee); after this date, inventory exception expires

Apr 1, 2024fee_payment: Quarterly remittance of 60% of collected carryout bag fees to municipality or county begins; first remittance covers fees collected in prior quarter

Sep 1, 2024other: Repeal of inventory exception provisions (Section 25-17-504(2)) and repeal of 2023 fee provisions (Section 25-17-505(1))

Jul 1, 2024other: Repeal of Section 25-17-505(2)(c) regarding fee collection on inventory single-use plastic carryout bags during transition period

Producer Definition

Stores (grocery stores, supermarkets, convenience stores, liquor stores, dry cleaners, pharmacies, drug stores, clothing stores, other retail establishments where carryout bags are traditionally provided; includes farmers markets, roadside markets/stands, festivals, and temporary vendors) and retail food establishments that provide carryout bags to customers at point of sale. Excludes 'small stores' (operates solely in Colorado, 3 or fewer locations in-state, not part of a franchise/corporation/partnership with physical locations outside Colorado).

Fee Structure

Per Unit: Minimum $0.10 per carryout bag (recycled paper carryout bag, and single-use plastic carryout bag during 2023 and inventory transition period). Municipalities or counties may raise the fee amount above $0.10 by ordinance or resolution. Store retains 40% of fee collected; 60% remitted to municipality or county. The 40% retained by the store does not count as revenue for sales tax purposes. Fee is waived for customers participating in federal or state food assistance programs.

Enforcement

Municipalities and counties (receive 60% of fees for administrative and enforcement costs); state-level enforcement agency not specified in provided text: Not specified in the provided bill text

Preemption Notes

Section 1 of the bill REPEALS the prior local government preemption provision (Section 25-17-104), which had prohibited local governments from requiring or prohibiting the use or sale of specific types of bags or containers. By repealing this preemption, the bill expressly allows municipalities and counties to enact stricter requirements, including raising the carryout bag fee above $0.10 by ordinance or resolution. This creates a floor, not a ceiling, for local regulation.

Compliance Dimensions

Fees0.1 USD Per Unit — Single-use plastic carryout bag or recycled paper carryout bag (minimum fee; municipalities or counties may impose higher fees)

“Between January 1, 2023, and January 1, 2024, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag or a higher fee adopted by the municipality or county in which the store is located. On and after January 1, 2024, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag or a higher fee imposed by the municipality or county in which the store is located.”

PenaltiesUp to 1000 USD per violation

“a county 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”

Bans & RestrictionsSingle-use plastic carryout bags (provided by stores and retail food establishments, with exceptions for restaurants and small stores with 3 or fewer Colorado-only locations) (Sales Ban), 2024; Expanded polystyrene products used as containers for ready-to-eat food (distributed by retail food establishments) (Material Restriction), 2024

“The act prohibits stores and retail food establishments, on and after January 1, 2024, from providing single-use plastic carryout bags to customers; except that retail food establishments that are restaurants and small stores that operate solely in Colorado and have 3 or fewer locations may provide single-use plastic carryout bags. ... The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state.”

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

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Full bill text

Skip to main content Hide Because the General Assembly adjourned on May 13, 2026, any legislation enacted without a safety clause goes into effect on August 12, 2026 (unless otherwise specified). Read more. Celebrate Colorado's 150th Birthday at the Statehouse on August 1, 2026. Read More. On Wednesday, June 24th, we will be migrating web pages containing legacy content to a new location. 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Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary: Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. The act repeals the prohibition on July 1, 2024. The act prohibits stores and retail food establishments, on and after January 1, 2024, from providing single-use plastic carryout bags to customers; except that retail food establishments that are restaurants and small stores that operate solely in Colorado and have 3 or fewer locations may provide single-use plastic carryout bags. 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 or greater fee. Between January 1, 2023, and January 1, 2024, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag or a higher fee adopted by the municipality or county in which the store is located. On and after January 1, 2024, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag or a higher fee imposed by the municipality or county in which the store is located. A store is required to remit, on a quarterly basis beginning April 1, 2024, 60% of the carryout bag fee revenues to the municipality or county within which the store is located and may retain the remaining 40% of the carryout bag fee revenues. A municipality or county may use its portion of the carryout bag fee revenues to pay for its administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities. 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. The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted. The act also authorizes a local government to enforce against a violation of the act and expressly authorizes a county 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. On and after July 1, 2024, a local government may enact, implement, or enforce an ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than the requirements set forth in the act. The act does not apply to materials used in the packaging of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements. (Note: This summary applies to this bill as enacted.) bill-detail#toggle' id='read-more-less-btn'> Read more Prime Sponsors Representative Alex Valdez Representative Lisa Cutter Senator Julie Gonzales Senator Leroy Garcia Committees House Energy & Environment Finance Appropriations Senate State, Veterans, & Military Affairs Appropriations Share: If you require reasonable accessibility accommodation to access this content, please email accessibility@coleg.gov . Status Became Law Introduced Passed Became Law Related Documents & Information Bill Text Fiscal Committees Votes Amendments Bill History Sponsors Session Laws Bill Text Fiscal Committees Votes Amendments Bill History Sponsors Session Laws All Versions (7) Date Version Documents 07/06/2021 Signed Act PDF 06/22/2021 Final Act PDF 06/02/2021 Rerevised PDF 06/01/2021 Revised PDF 05/05/2021 Reengrossed PDF 05/04/2021 Engrossed PDF 03/03/2021 Introduced PDF Preamended Versions (5) Date Version Documents 05/28/2021 PDF 05/26/2021 PDF 05/04/2021 PDF 03/31/2021 PDF 03/12/2021 PDF Fiscal Notes (4) Date Version Documents 08/27/2021 FN4 PDF 05/27/2021 FN3 PDF 04/27/2021 FN2 PDF 03/08/2021 FN1 PDF Budget Staff Analysis (2) Date Version Documents 05/27/2021 SA2 PDF 04/30/2021 SA1 PDF 05/28/2021 | Senate Appropriations (2) Activity Vote Documents Adopt amendment J.003 The motion passed without objection. Vote summary Refer House Bill 21-1162, as amended, to the Committee of the Whole. The motion passed on a vote of 4-3. Vote summary Hearing Summary | Committee Report: PDF 05/25/2021 | Senate State, Veterans, & Military Affairs (3) Activity Vote Documents Adopt amendment L.042 (Attachment T). The motion passed on a vote of 3-2. Vote summary Adopt amendment L.044 (Attachment U). The motion passed on a vote of 3-2. Vote summary Refer House Bill 21-1162, as amended, to the Committee on Appropriations. The motion passed on a vote of 3-2. Vote summary Hearing Summary | Committee Report: PDF 05/04/2021 | House Appropriations (3) Activity Vote Documents Adopt amendment J.002 The motion failed on a vote of 4-7. Vote summary Adopt amendment J.001 The motion passed on a vote of 7-4. Vote summary Refer House Bill 21-1162, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4. Vote summary Hearing Summary | 2nd Hearing Summary | Committee Report: PDF 03/29/2021 | House Finance (3) Activity Vote Documents Adopt amendment L.008 The motion passed without objection. Vote summary Adopt amendment L.015 The motion passed on a vote of 7-4. Vote summary Refer House Bill 21-1162, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-4. Vote summary Hearing Summary | Committee Report: PDF 03/11/2021 | House Energy & Environment (3) Activity Vote Documents Adopt amendment L.001 (Attachment D). The motion passed without objection. Vote summary Adopt amendment L.003 (Attachment E). The motion failed on a vote of 5-8. Vote summary Refer House Bill 21-1162, as amended, to the Committee on Finance. The motion passed on a vote of 8-5. Vote summary Hearing Summary | Committee Report: PDF House Votes (10) Date Calendar Motion Vote Vote Document 06/08/2021 Senate Amendments REPASS 41 AYE 24 NO 0 OTHER Vote record 06/08/2021 Senate Amendments CONCUR 44 AYE 21 NO 0 OTHER Vote record 05/05/2021 Third Reading BILL 40 AYE 23 NO 2 OTHER Vote record 05/04/2021 Committee of the Whole AMD (L.039) 27 AYE 33 NO 5 OTHER Vote record 05/04/2021 Committee of the Whole AMD (L.029) 28 AYE 32 NO 5 OTHER Vote record 05/04/2021 Committee of the Whole AMD (L.028) 26 AYE 34 NO 5 OTHER Vote record 05/04/2021 Committee of the Whole AMD (L.038) 26 AYE 34 NO 5 OTHER Vote record 05/04/2021 Committee of the Whole AMD (L.037) 27 AYE 33 NO 5 OTHER Vote record 05/04/2021 Committee of the Whole AMD (L.036) 24 AYE 36 NO 5 OTHER Vote record 05/04/2021 Committee of the Whole AMD (L.040) 23 AYE 37 NO 5 OTHER Vote record Senate Votes (2) Date Calendar Motion Vote Vote Document 06/02/2021 Third Reading BILL 20 AYE 14 NO 1 OTHER Vote record 06/01/2021 Committee of the Whole COW * (.001) 17 AYE 18 NO 0 OTHER Vote record Amendments (41) Date Amendment Number Committee/ Floor Hearing Status Documents 06/01/2021 L.058 Second Reading Lost [**] PDF 06/01/2021 L.053 Second Reading Lost [**] PDF 06/01/2021 L.054 Second Reading Lost [**] PDF 06/01/2021 L.050 Second Reading Lost [**] PDF 06/01/2021 L.051 Second Reading Lost [**] PDF 06/01/2021 L.049 Second Reading Lost [**] PDF 06/01/2021 L.048 Second Reading Lost [**] PDF 06/01/2021 L.057 Second Reading Passed [**] PDF 06/01/2021 L.047 Second Reading Lost [**] PDF 05/28/2021 J.003 SEN Appropriations Passed [*] PDF 05/26/2021 L.044 SEN State, Veterans, & Military Affairs Passed [*] PDF 05/26/2021 L.042 SEN State, Veterans, & Military Affairs Passed [*] PDF 05/04/2021 L.039 Second Reading Lost [**] PDF 05/04/2021 L.041 Second Reading Lost [**] PDF 05/04/2021 L.036 Second Reading Lost [**] PDF 05/04/2021 L.019 Second Reading Lost [**] PDF 05/04/2021 L.020 Second Reading Lost [**] PDF 05/04/2021 L.016 Second Reading Passed [**] PDF 05/04/2021 L.010 Second Reading Lost [**] PDF 05/04/2021 L.012 Second Reading Lost [**] PDF 05/04/2021 L.011 Second Reading Lost [**] PDF 05/04/2021 L.040 Second Reading Lost [**] PDF 05/04/2021 L.029 Second Reading Lost [**] PDF 05/04/2021 L.028 Second Reading Lost [**] PDF 05/04/2021 L.007 Second Reading Passed [**] PDF 05/04/2021 L.006 Second Reading Passed [**] PDF 05/04/2021 L.037 Second Reading Lost [**] PDF 05/04/2021 L.038 Second Reading Lost [**] PDF 05/04/2021 L.021 Second Reading Lost [**] PDF 05/04/2021 L.035 Second Reading Lost [**] PDF 05/04/2021 L.034 Second Reading Lost [**] PDF 05/04/2021 L.033 Second Reading Lost [**] PDF 05/04/2021 L.032 Second Reading Lost [**] PDF 05/04/2021 L.031 Second Reading Lost [**] PDF 05/04/2021 L.030 Second Reading Lost [**] PDF 05/04/2021 J.001 HOU Appropriations Passed [*] PDF 05/04/2021 J.002 HOU Appropriations Lost PDF 03/29/2021 L.015 HOU Finance Passed [*] PDF 03/29/2021 L.008 HOU Finance Passed [*] PDF 03/11/2021 L.003 HOU Energy & Environment Lost PDF 03/11/2021 L.001 HOU Energy & Environment Passed [*] PDF * Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate. ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information. Bill history (18) Date Location Action 07/06/2021 Governor Governor Signed 06/22/2021 Governor Sent to the Governor 06/22/2021 House Signed by the Speaker of the House 06/22/2021 Senate Signed by the President of the Senate 06/08/2021 House House Considered Senate Amendments - Result was to Concur - Repass 06/03/2021 House House Considered Senate Amendments - Result was to Laid Over Daily 06/02/2021 Senate Senate Third Reading Passed - No Amendments 06/01/2021 Senate Senate Second Reading Passed with Amendments - Committee, Floor 05/28/2021 Senate Senate Second Reading Special Order - Laid Over Daily - No Amendments 05/28/2021 Senate Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole 05/25/2021 Senate Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations 05/10/2021 Senate Introduced In Senate - Assigned to State, Veterans, & Military Affairs 05/05/2021 House House Third Reading Passed - No Amendments 05/04/2021 House House Second Reading Special Order - Passed with Amendments - Committee 05/04/2021 House House Committee on Appropriations Refer Amended to House Committee of the Whole 03/29/2021 House House Committee on Finance Refer Amended to Appropriations 03/11/2021 House House Committee on Energy & Environment Refer Amended to Finance 03/03/2021 House Introduced In House - Assigned to Energy & Environment + Finance Sponsors Prime Sponsor Rep. L. Cutter | Rep. A. Valdez Sen. L. Garcia | Sen. J. Gonzales Sponsor Rep. J. Amabile | Rep. T. Bernett | Rep. E. Hooton | Rep. C. Kipp | Rep. E. Sirota | Rep. S. Woodrow Co-Sponsor Rep. J. Bacon | Rep. S. Bird | Rep. A. Boesenecker | Rep. Y. Caraveo | Rep. C. deGruy Kennedy | Rep. M. Duran | Rep. M. Froelich | Rep. S. Gonzales-Gutierrez | Rep. D. Jackson | Rep. I. Jodeh | Rep. S. Lontine | Rep. J. McCluskie | Rep. K. McCormick | Rep. B. McLachlan | Rep. D. Michaelson Jenet | Rep. K. Mullica | Rep. D. Ortiz | Rep. K. Tipper | Rep. B. Titone Sen. J. Bridges | Sen. J. Buckner | Sen. J. Danielson | Sen. S. Fenberg | Sen. J. Ginal | Sen. S. Jaquez Lewis | Sen. P. Lee | Sen. T. Story Session laws (1) Effective Date Chapter # Title Documents 07/06/2021 440 Management Of Plastic Products PDF Quick Links Find My Legislator Find a Bill How a Bill Becomes a Law Back to top Resources & Information Resources & Information Accessibility Capitol Security Protocol Colorado Open Records Act Maximum Hourly Research and Retrieval Fee Legislative Resources and Requirements Salaries for Legislators, Statewide Elected Officials, and County Officers State Home Transparency Online Project Policies Policies Language Interpretation Services Policy Remote Testimony and Remote Participation Policies Open Records Requests & Policy Privacy Policy Public Wifi Workplace Expectations Workplace Harassment Policy For Legislators & Staff For Legislators & Staff Ethics Tutorial Social Calendar House and Senate Rules Policy on Member Requests for CSP Protection IT Login Colorado General Assembly 200 E Colfax Avenue Denver, CO 80203 Contact Us Privacy Policy

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