SB 146 Colorado Senate · 2026 Regular Session

Restrict Single-Use Food Serviceware Distribution

Summary
Under current law, the 'Plastic Pollution Reduction Act' includes restrictions on the use and distribution of single-use plastic carryout bags and expanded polystyrene food containers.     The act expands the 'Plastic Pollution Reduction Act' by prohibiting, on and after January 1, 2027, a retail food establishment or third-party food delivery service from providing single-use food serviceware to a customer unless the customer requests single-use food serviceware or confirms that the customer wants single-use food serviceware after being asked if they would like single-use food serviceware. A retail food establishment or third-party food delivery service is only permitted to provide the single-use food serviceware items requested or confirmed by the customer and is prohibited from providing a customer with a bundled package that contains more than one type of single-use food serviceware item. The act specifies certain exceptions and clarifies that a third-party food delivery service is not liable for a retail food establishment's failure to follow a customer's request if the third-party food delivery service accurately communicated the customer's request to the retail food establishment.     The department of public health and environment (department) is required to, on or before January 1, 2027, establish a page on the department's public website that includes a description of the requirements set forth in the act and the existing enforcement mechanism included in the 'Plastic Pollution Reduction Act'.(Note: This summary applies to this bill as enacted.)
Bill status vetoed 4 of 5 stages cleared
Introduction
Mar 2026
Committee Review
May 2026
Senate Passage
May 2026
House Passage
May 2026
Vetoed
Jun 2026
Introduced Mar 24, 2026 Vetoed Jun 2, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

Rerevised Final Act · 5 edits · May 18, 2026
MODERATE
The bill was finalized to restrict the distribution of single-use food serviceware, such as utensils and condiment packets, in Colorado. Key changes include clarifying that 'retail food establishments' now explicitly include farmers' markets, roadside markets, and cottage food kitchens, and defining specific items like 'spill plugs' and 'cocktail sticks' as covered serviceware. The core requirement remains that businesses must ask customers before providing these items, with the ban taking effect on January 1, 2027.
Scope change
The scope of the bill was expanded to explicitly include farmers' markets, roadside markets, and cottage food kitchens as 'retail food establishments' subject to the new rules, whereas the previous version relied on a reference to another statute for this inclusion.
DEFINITION

Added explicit definitions for 'spill plug', 'splash stick', and 'cocktail stick' to clarify they are covered single-use items.

Expanded the definition of 'retail food establishment' to explicitly list farmers' markets, roadside markets, and cottage food kitchens.

Clarified that packaging necessary to contain food during delivery (like bowls or clamshells) is excluded from the definition of single-use serviceware.

REQUIREMENT

Added a comprehensive list of specific items included in 'single-use food serviceware,' such as napkins, lids, cup sleeves, and chopsticks.

TECHNICAL

Removed the 'Bill Summary' section and replaced it with standard legislative text indicating the bill is ready for signature.

Floor votes · House May 6, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
12
Key actions
6
Committee
2
Jun 2, 2026
Vetoed
Governor Vetoed
executive
May 19, 2026
Lower · Passed
Signed by the Speaker of the House
lower
May 19, 2026
Upper · Passed
Signed by the President of the Senate
upper
May 6, 2026
Lower · Passed
House Third Reading Passed - No Amendments
lower
May 4, 2026
Lower · Passed
House Committee on State, Civic, Military, & Veterans Affairs Refer Unamended to House Committee of the Whole
lower
Apr 30, 2026
Introduced
Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs
lower
Apr 29, 2026
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Apr 23, 2026
Upper · Passed
Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
upper
Mar 24, 2026
Introduced
Introduced In Senate - Assigned to Health & Human Services
upper
2 primary · 14 co-sponsors

Sponsors