CO SB243

Effective January 1, 2024, retail food establishments are prohibited from distributing expanded polystyrene products as containers for off-premises ready-to-eat food in Colorado.

Retail food establishments that purchased expanded polystyrene products before January 1, 2024 may distribute remaining inventory until depleted, provided they can furnish purchase invoices or documentation to the Department of Public Health and Environment upon request.

The executive director of the Department of Public Health and Environment may investigate alleged violations on their own motion or upon complaint by any person.

The executive director may request the attorney general seek injunctive relief in court to prohibit a retail food establishment from violating the prohibition.

Expanded polystyrene is defined as blown polystyrene and expanded or extruded foams made from styrene monomer and processed through techniques such as fusion of polymer spheres, injection molding, foam molding, or extrusion-blow molding.