CO HB1134

Starting January 1, 2023, retail food establishments and third-party food delivery services may only provide single-use food serviceware or condiments if customers request them or confirm they want them when offered.

Single-use food serviceware used to prevent spills at drive-throughs or during delivery may be provided without request, but all other spill-prevention serviceware requires customer request.

Third-party food delivery service platforms must allow customers to select which single-use food serviceware and condiments they want included with their food orders.

The requirement does not apply to self-service stations within establishments, social service meals for vulnerable populations, retail food establishments in public airports, or hotel guest meals.

Local governments that enacted single-use item restrictions by January 1, 2022 may continue enforcing those ordinances despite state preemption rules taking effect July 1, 2024.