Colorado Bill Targets Single-Use Utensils in Takeout Orders

Colorado lawmakers are advancing legislation that would change how restaurants and delivery services provide common takeout items like utensils, napkins, and condiments. Senate Bill 26-146 builds on the state’s existing efforts to reduce plastic waste, while also drawing debate over its potential impact on businesses and customers.

Expanding Existing Environmental Policy
The proposal expands Colorado’s “Plastic Pollution Reduction Act,” which already limits certain single-use plastic items such as carryout bags and polystyrene containers. The new measure focuses specifically on single-use food serviceware—items like utensils, napkins, straws, stirrers, and condiment packets—by changing how and when they are distributed to customers.

Supporters of the legislation point to environmental concerns, noting that many of these items are not recyclable or compostable and often end up contaminating waste streams. Lawmakers have also cited broader impacts tied to pollution and waste management, including costs for recycling systems and environmental effects across the lifecycle of plastic products.

“By Request Only” Distribution Model
At the center of the bill is a requirement that, beginning January 1, 2027, restaurants and third-party delivery services may only provide single-use food serviceware if a customer explicitly requests it or confirms they want it when asked.

Businesses would be limited to providing only the specific items requested, rather than automatically including bundled sets of utensils or condiments. Delivery platforms would also be required to default to no single-use items unless a customer opts in during the ordering process.

The legislation includes provisions aimed at clarifying responsibilities between restaurants and delivery services. For example, third-party delivery companies would not be held liable if they accurately relay a customer’s request but a restaurant fails to follow it.

Exceptions and Flexibility
The bill outlines several exceptions to the requirement. Self-service stations inside restaurants, special events, and certain institutional settings—such as hospitals, school cafeterias, and programs serving vulnerable populations—would not be subject to the same restrictions.

Additionally, items intended to prevent spills during transport, such as drink stoppers, may still be provided in takeout and delivery scenarios. The measure also encourages, but does not mandate, the use of bulk condiment dispensers in some settings as an alternative to individual packets.

State Implementation and Guidance
To support the rollout of the policy, the Colorado Department of Public Health and Environment would be required to create a public-facing webpage outlining the new requirements and existing enforcement mechanisms. This resource is intended to help businesses and consumers understand how the law will be applied before it takes effect in 2027.

Debate Over Business Impact
While the bill has been framed as a step toward reducing waste, it has also generated criticism, particularly from Republican lawmakers. Opponents argue that the measure could create additional operational challenges for restaurants, especially smaller establishments.

In a statement following the bill’s passage in the Senate, Republican critics described the policy as “a well-intentioned” effort that could result in “unnecessary government overreach.” They expressed concern that requiring employees to confirm requests for basic items may slow service and add complexity to everyday operations.

Critics also questioned whether the environmental benefits would outweigh the potential burden on businesses, noting that some establishments have already adopted voluntary measures to reduce waste.

Balancing Environmental Goals and Practical Concerns
The debate surrounding Senate Bill 26-146 reflects a broader conversation taking place in states and municipalities across the country: how to reduce single-use waste while maintaining efficiency and customer convenience.

Supporters argue that a standardized, statewide approach can help shift consumer behavior and reduce unnecessary waste. Opponents, meanwhile, emphasize the importance of flexibility and collaboration with businesses rather than mandates.

As the legislation moves forward, its long-term impact may depend on how effectively it balances those competing priorities—environmental goals on one hand and operational realities on the other.