The State of Colorado has enacted a ban on expanded polystyrene (commonly referred to as Styrofoam) to-go food containers from retail food establishments. This ban is part of House Bill 21-1162 concerning the management of plastic products, called the Plastic Pollution Reduction Act.

By limiting single-use plastic carryout bags and expanded polystyrene, this legislation hopes to mitigate the harmful effects on the state’s environment and natural resources that result from disposing of these products in landfills. 

The ban, which will go into effect Jan. 1, applies to retail food establishments that prepare or package food for human consumption, either directly, or through a delivery service. This includes convenience stores, grocery stores, fast food establishments, full and limited-service restaurants, and mobile food units. The primary exemptions from this legislation include establishments that offer only prepackaged foods that are not time/temperature controlled for safety, and markets or roadside markets that offer only uncut fresh fruits and vegetables for sale. 

Once the ban takes effect, all Colorado retail food establishments will no longer be able to distribute EPS products for use as a container for ready-to-eat food. If a retail food establishment purchased these products before Jan. 1, they may continue to distribute any remaining inventory.