The State of Colorado Plastic Pollution Reduction Act was passed in 2021 to reduce and mitigate plastic pollution in Colorado. This two-phased law becomes effective on January 1, 2023, and puts a 10-cent fee on paper and plastic carryout bags used at checkout and for pickup and delivery orders at large retail stores. On January 1, 2024, plastic carryout bags will be banned at these stores, and paper carryout bags will continue to be offered for the 10-cent fee. Styrofoam containers will also be banned in 2024 at retail food establishments such as restaurants, fast-food chains, grocery stores, and convenience stores.  

A store is exempt from the state law if it operates solely in Colorado and has three or fewer locations in the State, and is not part of a franchise, corporation, or partnership that has physical locations outside of Colorado.  

A carryout bag that will require a fee is one provided to a customer at checkout to transport or carry purchased items. Carryout bags include those used for pickup and delivery services at large retail stores.  

The following types of bags are not considered carryout bags and do not require a fee: 

1. A bag made of paper with a basis weight of thirty pounds or less  
2. A bag that a pharmacy provides to a customer for prescription medication
3. A bag that a customer uses inside a store to package loose or bulk items such as;
   • Fruits, vegetables, nuts, grains, candy, or greeting cards
   • Nails, bolts, screws, or other small hardware items 
   • Live insects, fish, crustaceans, mollusks, or other small species
   • Bulk seed, bulk livestock feed, or bulk pet feed
4. Bags used to contain or wrap frozen foods, meat, seafood, fish, flowers, potted plants, or other items that if they were to come in contact with other items, could dampen or contaminate the other items or contain unwrapped prepared foods or bakery goods
5. Laundry, dry cleaning, or garment bags  

A recycled paper carryout bag is made from 100% recycled material or other post-consumer content.  

The carryout bag fees are not subject to sales tax.

Large retail stores will charge the 10-cent bag fees for pickup and delivery services in 2023 and 2024. In 2024, there will be a ban on plastic bags and Styrofoam containers. The plastic bag ban will impact pickup and delivery services at large retail stores. The Styrofoam container ban will impact pickup and delivery services at retail food establishments such as restaurants, fast-food chains, grocery stores, and convenience stores. 

While this is a State law, the rules leave compliance and enforcement to local governments. This means the City of Fort Collins will provide compliance and enforcement services to businesses within its City limits.  

Schools are included in the ban on Styrofoam containers (i.e., hinged food containers, plates, bowls, cups, and trays). A city or county cannot enforce a violation against a retail food establishment within a school, such as a cafeteria. 

Styrofoam is the brand name for expanded polystyrene. Styrofoam containers are hinged food containers, plates, bowls, cups, and trays made of polystyrene that has been expanded with blown air.