Plastic Pollution Reduction Act

Plastic Bag and Styrofoam Container Ban to go into Full Effect Jan. 1, 2024

Under a bill passed by the Colorado State Legislature in 2021, starting on Jan. 1, 2023, businesses with more than three locations in Colorado or more than one out-of-state location (“large retailers”) were required to charge customers a 10-cent fee for each single-use plastic bag used at the point of sale. The 10- cent fee for single-use recycled paper bags will continue to be in effect moving forward.

Beginning Jan. 1, 2024, Colorado law will ban single-use plastic bags at large retailers and polystyrene foam (Styrofoam™) takeout containers at all restaurants.

From the collected bag fees, businesses retain four cents of the fee to cover the costs of administration and compliance, while 6 cents is remitted to the Town on a quarterly basis.

On July 1, 2024, municipalities and counties can enact, implement and enforce more stringent bag and polystyrene laws and laws that prohibit, restrict or mandate the use or sale of plastic materials, containers, packaging or labeling.

Guidelines for Large Retailers

Beginning Jan. 1, 2024, large retailers as defined above are prohibited from providing single-use plastic carryout bags to customers. Stores may continue to provide recycled paper bags to customers for a 10-cent fee per bag. The prohibition does not apply to plastic bags purchased before Jan. 1, 2024, which may be used with the 10-cent fee until June 1, 2024.

Large retailers are required to remit 60% of the bag fee revenue (6 cents per bag) to the Town. To remit the bag fee to the Town of Superior, please fill out the bag fee remittance form(XLSX, 114KB).

The bag fee does not apply to anyone who provides proof of participation in federal or state food assistance programs such as SNAP or EBT.

For business owners, Partners for a Clean Environment can provide information and help find the best way to make changes that work for your business. Email Matt Hannon at mhannon@bouldercounty.gov, Boulder County PACE business sustainability advisor, or call 303-441-1162 for more information.

Guidelines for Restaurants

Beginning Jan. 1, 2024, restaurants are prohibited from distributing polystyrene, more commonly known as Styrofoam™, containers. Any polystyrene food container inventory purchased prior to January 2024 may be used until it is gone.

For resources related to this law, please visit Eco-Cycle’s website:

FAQs

What businesses must follow the single-use bag fee?

  • Major grocery stores and supermarkets
  • Major convenience stores
  • Major liquor stores
  • Major retailers
  • Other major stores (with more than three locations in Colorado or more than one out-of-state location) that provide plastic bags including any self-checkout and delivery services

Exemptions:

  • Businesses with three or fewer locations in Colorado
  • Farmers and roadside markets
  • Laundry or dry-cleaning services
  • Pharmacies
  • Bulk stores

What businesses must follow the polystyrene (StyrofoamTM) container ban?

Retail food establishments including:

  • Major convenience stores
  • Major liquor stores
  • Major retailers
  • Other major stores (with more than three locations in Colorado or more than one out-of-state location) that provide plastic bags including any self-checkout and delivery services

What sort of polystyrene items are banned?

Expanded polystyrene containers including:

  • Hinged food containers
  • Plates
  • Bowls
  • Cups
  • Trays

See a list of exemptions, including childcare centers and hospitals, on the Guide to the 2024 Polystyrene Ban.

How can the bag fee be used by municipalities? 

  • Administrative or enforcement costs associated with developing and implementing the fee
  • Providing reusable bags to the community
  • Educating residents, businesses, and visitors about the impacts of disposable bags
  • Other waste reduction, recycling, composting, or waste diversion programs

Because the bag fee is a fee and not a tax, all proceeds collected in accordance with this State law can only be used for the purposes listed above and cannot be used for general government expenses or for general sustainability projects. The fees collected under this law will be tracked and managed in a separate fund established by Finance staff.

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