What Businesses Can Do to Prepare for Phase 2 of the Colorado Plastic Pollution Reduction Act (PPRA)
The Colorado Plastic Pollution Reduction Act (House Bill 21-1162) was passed in 2021 to reduce the generation of some of the most polluting and toxic plastics in the state. Phase 1 of implementation of the PPRA, effective January 1, 2023, required large Colorado retailers to charge a minimum $0.10 fee on each plastic or paper checkout bag. Phase 2 includes a plastic bag ban and a ban on the use of polystyrene foam.
Phase 2 of the implementation, effective January 1, 2024, has three components:
- Large Colorado retailers are prohibited from distributing plastic checkout bags (the fee on plastic bags is no longer in effect). Retailers are allowed to use up remaining inventory of plastic checkout bags after January 1, 2024, until supplies are depleted or until June 1, 2024.
- Large Colorado retailers are required to keep charging a minimum $0.10 fee per paper checkout bag.
- Retail food establishments are prohibited from distributing polystyrene foam (commonly referred to as Styrofoam®) food and beverage containers. Food establishments are allowed to use up remaining inventory of polystyrene foam cups and food containers after January 1, 2024, until supplies are depleted. New polystyrene food and beverage containers should not be purchased after January 1, 2024.
Step-by-Step Guide for Retailers and Food Establishments
Step 1: Determine your status (exempt or nonexempt) to see if your business must comply with the plastic bag ban, the polystyrene ban, or both.
Who is required to comply with the 2024 Plastic Checkout Bag Ban? Large retailers and grocery stores in Colorado. Use the criteria in this chart to determine if your business is subject to the statewide ban on plastic checkout bags and minimum $0.10 fee per paper checkout bag:
- Download the 2024 Plastic Bag Ban chart to determine if your business must comply with the ban on plastic checkout bags
Who is required to comply with the 2024 Polystyrene Ban? ALL retail food establishments, regardless of size or number of locations, including restaurants, fast food establishments, etc.
- Download the 2024 Polystyrene Ban chart to determine which retail food establishments in your area must comply with the statewide ban on polystyrene foam food and beverage containers
Note that your business may be a nonexempt retailer AND a nonexempt food establishment, and would be required to comply with both the ban on plastic checkout bags and the ban on polystyrene food and beverage containers. For example, a nonexempt grocery store with a deli counter that serves ready-to-eat food will be prohibited from distributing plastic checkout bags AND polystyrene food and beverage containers.
Step 2: Use our customizable toolkits to prepare for the plastic bag ban and/or polystyrene container ban
If your business or food establishment is EXEMPT from the plastic bag ban and the ban on polystyrene food and beverage containers, you do not need to take further action.
If your business is NOT EXEMPT from the plastic bag ban or the ban on polystyrene food and beverage containers, use the following toolkits to help your business comply with the Plastic Pollution Reduction Act:
#1: Plastic Bag Ban Toolkit for Businesses (applicable to nonexempt retailers)
A step-by-step guide to help you comply with the statewide plastic checkout bag ban (and the continuance of the $0.10 paper bag fee).
#2: Polystyrene Ban Toolkit for Businesses (applicable to nonexempt food establishments)
Resources to help you comply with the statewide ban on polystyrene food and beverage containers.
