Colorado law banning plastic foam containers at restaurants goes into effect Jan. 1

Several laws take effect in Colorado on Jan. 1. One law is House Bill 21-1162, which bans the use of single use checkout plastic bags for purchases at most retail stores across the state. Restaurants are exempt from that part of the law. However, the law also bans plastic foam products for restaurant take-out containers and ready-to-eat food. 

Local restaurant owners say this change will impact both their business and customers. 

Tamales by La Casita is one of the many restaurants across Colorado providing their meals or drinks in foam containers. Moving forward, the restaurant along with all others, will have to pivot to more eco-friendly options, like paper or biodegradable products. 

Paula Sandoval is the owner and she said she's in favor of the state law taking effect next week, and the changes that come with it. 

"I fully support items that will mitigate the impacts on climate change and the environment," said Sandoval. 

But she said the ban will impact her businesses' bottom line, because switching from foam to other products will cost double. 

Sandoval said foam containers cost around 13 cents, while paper products or biodegradable products cost around 26 cents per container. She also said the added cost would be passed along to customers. 

"I recognize it's going to cost a bit more, but I think it's something that we need to do," said Joel Korn, a customer. "But we need to reduce the quantities of trash that are being generated." 

While most customers have no problem paying the extra money, Sandoval hopes others understand. 

"I would just ask the customers to try to be understanding of that, that restaurants are just out there really trying to survive, and if they raise their prices, it's because they have to," said Sandoval. "Hopefully we'll adjust and it'll be a win-win for both the environment and us." 

Sandoval said the restaurant's inventory will likely last about four or five months, and when their inventory runs out, they'll be pivoting like many other businesses. 

The law states that restaurants can continue to use their inventory of any plastic foam products that were purchased before Jan. 1, 2024. 

Once that inventory is depleted, they must make the transition to other products. Violations include $500 for a second violation, and up to $1,000 for a third violation. 

HB 21-1162 also created a statewide bag fee that went into effect on Jan. 1, 2023. 

Restaurants have been exempted from both the bag fee and the plastic bag ban. Advocates for the legislation say single-use bags, like plastic bags, are vital for food safety. They argue restaurants are required by the food code, to ensure their food is safe to eat, and there shouldn't be a fee associated with that.