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Colorado Statewide Rule

Colorado Polystyrene Foam Container Ban

Some RestrictionsApplies statewide across Colorado (2026)

Key Facts

Polystyrene Foam
Polystyrene foam ban effective January 2024
Ready-To-Eat
Applies to ready-to-eat food at retail establishments
Exceptions
Manufacturers and raw-food packaging exempt
Cities
Cities may add stricter local rules
Codified
Codified within CRS 25-17-505
Last verified: September 5, 2026Source: Colorado General Assembly

Summary

Colorado prohibits retail food establishments from using expanded polystyrene foam containers for ready-to-eat food and beverages under the Plastic Pollution Reduction Act.

25-17-506. Prohibition on use of expanded polystyrene food containers. (1) Except as provided in subsection (2) of this section, effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready-to-eat food in this state. (2) If a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready-to-eat food in this state until the inventory is depleted.

Source: Colorado General AssemblyView official code

Full Breakdown

As part of the Plastic Pollution Reduction Act and CRS 25-17-505, Colorado banned the use of polystyrene foam containers by retail food establishments effective January 1, 2024. Restaurants, cafes, food trucks, and grocery prepared-food counters may not serve ready-to-eat food in expanded polystyrene clamshells, cups, or trays. Existing inventory provisions allowed sell-through during 2024. The ban does not apply to packaging used by manufacturers for raw or processed goods. Cities may enact additional restrictions on other foam or single-use items.

Violations & Penalties

Enforcement begins with warnings; civil penalties typically range from $250 to $500 per violation, with continued violations subject to higher fines.

Frequently Asked Questions

Can restaurants in Colorado still use foam takeout boxes?
No. Retail food establishments cannot serve ready-to-eat food in expanded polystyrene foam containers under state law.
Does the foam ban apply to grocery store packaging?
Manufacturer pre-packaged goods are exempt, but in-store prepared and ready-to-eat foam containers are prohibited.

Sources

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