Preparing for the Upcoming 2024 Ban on Polystyrene Food Containers and Cups

Implementation of Phase 2 of the Plastic Pollution Reduction Act goes into effect January 1, 2024, and includes the following components:

  • Large Colorado retailers are prohibited from distributing plastic checkout bags (but may use up remaining inventory until supplies are depleted, or until June 1, 2024). Retailers must charge the $0.10 fee on any plastic bags distributed through June.
  • 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 (but may continue to use up remaining inventory until supplies are depleted).

The Role of the Municipality or County

Municipalities (or counties) have the primary role of educating the public about the January 1, 2024, ban on plastic bags and polystyrene foam.

To help municipalities support businesses with Phase 2 implementation of the Plastic Pollution Reduction Act, we have created two step-by-step guides, one for the plastic bag ban and continued fee for paper bags, and one for the ban on polystyrene foam. Use this guide for implementation of the ban on polystyrene foam.

  • For more information on implementation of the plastic bag ban and paper bag fee, refer to this page. 

A Step-by-Step Guide for Municipalities in Implementing the Ban on Polystyrene Food Containers and Cups

Step 1:  Understand the ban 

Polystyrene foam food and beverage containers (often referred to as Styrofoam®) are made from styrene, which is considered a carcinogen by the Department of Health and Human Services and the International Agency for Research on Cancer. The polystyrene foam cup and food container ban, effective January 1, 2024, applies to ALL retail food establishments in Colorado. NOTE: 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 2: Determine which food establishments are exempt vs. nonexempt

According to Colorado law, a retail food establishment is one that prepares or packages food for humans and provides the food to people either directly or through a delivery service. The food can be eaten on or off the premises of the food establishment. Retail food establishments include restaurants, fast food restaurants, cafeterias, schools, and prisons. 

Retailers that sell only prepackaged food that they purchase from a third party and sell in its original package are exempt. Other exemptions from the ban on polystyrene food containers and cups include:

  • Farmers markets and roadside markets
  • Private homes and boarding houses
  • Kitchens selling food products directly to consumers under the Colorado Cottage Foods Act
  • Hospital and health facilities
  • Childcare centers
  • Hunting camps and outdoor recreation locations
  • Food or beverage wholesale manufacturing, processing, or packaging plants
  • Motor vehicles used solely for the transport of food
  • Coffee or tea shops serving only hot beverages and pastries
  • Establishments serving only prepackaged or commercially prepared food requiring no preparation other than the heating of food within its original container
  • Automated food merchandising enterprises dispensing pre-packaged food
  • Packaging of drugs, medical devices, or dietary supplements regulated by the U.S. Food and Drug Administration 

See C.R.S. 25-4-1602 for a complete list of food establishments that are exempt from the ban on polystyrene food containers and cups.

Step 3: Send a letter to nonexempt businesses alerting them of the change

While many restaurants and food establishments may already be aware of the ban on the use of polystyrene foam taking place on January 1, 2024, it is best to alert all non-exempt businesses in your jurisdiction of the change. Many of these businesses may be national chain stores that distribute polystyrene foam at their other locations. 

You may use or customize this letter to alert local nonexempt food establishments of the upcoming ban on polystyrene food containers and cups. 

Step 4: Share information and resources with nonexempt businesses

Help restaurants and other food prep businesses prepare for the polystyrene foam ban and know what to-go containers they can use in place of polystyrene foam with our Guide to Sustainable Serviceware. En español: Una guía de artículos de servicio de alimentos sostenibles.

Step 5: Share information and resources with the public

Alert your community of the 2024 ban on polystyrene food containers and cups using our social media package. Municipalities and other organizations have permission to use content from our webpages to update their website and other communications.

Step 6: Set up a system to monitor compliance with the ban on polystyrene food containers and cups

The Plastic Pollution Reduction Act leaves compliance measures up to the local municipality or county to enforce. As communities develop methods to monitor compliance with the 2024 ban on polystyrene food containers and cups, we will share case studies here.