Colorado HB21-1162 also bans expanded polystyrene foam food containers at retail food establishments effective January 2024. Denver restaurants, food trucks, and grocery delis cannot use foam clamshells, cups, or trays for prepared food.
Colorado HB21-1162 prohibits retail food establishments from distributing prepared food in expanded polystyrene (EPS) foam food containers, effective January 1, 2024. Covered items include clamshells, cups, plates, bowls, and trays used for ready-to-eat food. Denver restaurants, cafes, food trucks, grocery delis, and institutional cafeterias must use compliant alternatives such as compostable fiber, paper, or recyclable plastic. Establishments may exhaust pre-2024 inventory but cannot procure new EPS. Denver Department of Public Health & Environment enforces alongside CDPHE statewide oversight. Foam used for raw meat, seafood, or eggs at grocers is exempt. Shipping packaging and insulated coolers are not covered. Denver climate procurement bans EPS in city operations.
Using prohibited EPS food containers at a Denver retail food establishment violates HB21-1162 with civil fines of five hundred dollars for a second offense and one thousand dollars per subsequent offense plus DDPHE compliance orders.
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See how Denver's polystyrene foam rules rules stack up against other locations.
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