Title 25, Public Health and Environment
0 chapters · 1,375 sections in this title.
Colo. Rev. Stat. § 25-17-506 Prohibition on use of expanded polystyrene food containers
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(1) Except as provided in subsection (2) of this section, effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready-to-eat food in this state. (2) If a retail food establishment purchased expanded …
Colo. Rev. Stat. § 25-17-507 Enforcement - possible penalties
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(1) (a) Except as provided in subsections (1)(b) and (1)(c) of this section, a local government may enforce a violation of this part 5 against a store or retail food establishment that is located within the boundaries of the local government in the manner that the local governmen…
Colo. Rev. Stat. § 25-17-508 Local government regulation - preemption
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On and after July 1, 2024, a local government may enact, implement, or enforce any ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than this part 5. Source: L. 2021: Entire part added, (HB 21-1162), ch. 440, p. 2916, � 2, effective July…
Colo. Rev. Stat. § 25-17-509 Exemption for medical products
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Nothing in this part 5 prohibits or limits the use of any material used in the packaging of a product that is regulated as a drug, medical device, or dietary supplement by the food and drug administration in the United States department of health and human services under the Fede…
Colo. Rev. Stat. § 25-17-601 Definitions
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As used in this part 6, unless the context otherwise requires: (1) Administrator means the third-party administrator with which the department contracts pursuant to section 25-17-602 (2). (2) Circular economy means an economy that uses a systems-focused approach and involves indu…
Colo. Rev. Stat. § 25-17-602 Circular economy development center - creation - administration - reports
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(1) Creation. The circular economy development center is hereby created in the department. The purpose of the center is to grow existing markets, create new markets, and provide necessary infrastructure, systems, logistics, and marketing to create a sustainable circular economy f…
Colo. Rev. Stat. § 25-17-603 Repeal of part
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This part 6 is repealed, effective September 1, 2030. Before the repeal, the functions of the center are scheduled for review in accordance with section 24-34-104. Source: L. 2022: Entire part added, (HB 22-1159), ch. 336, p. 2386, � 2, effective August 10.
Colo. Rev. Stat. § 25-17-701 Short title
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The short title of this part 7 is the Producer Responsibility Program for Statewide Recycling Act. Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2389, � 1, effective August 10.
Colo. Rev. Stat. § 25-17-702 Legislative declaration
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(1) The general assembly finds and declares that: (a) Recycling has a positive impact on the environment and public health by saving energy, conserving natural resources, and reducing greenhouse gas emissions; (b) Recycling has a positive benefit on Colorado's economy, with the r…
Colo. Rev. Stat. § 25-17-703 Definitions
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As used in this part 7, unless the context otherwise requires: (1) Additional producer responsibility organization means a nonprofit organization designated by the department as an additional producer responsibility organization pursuant to section 25-17-708 (2)(b). (2) Advisory …
Colo. Rev. Stat. § 25-17-704 Producer responsibility program for statewide recycling advisory board - creation - membership
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(1) The producer responsibility program for statewide recycling advisory board is hereby created in the department. The department may select an impartial, third-party facilitator to convene and provide administrative support to the advisory board. (2) (a) The advisory board cons…
Colo. Rev. Stat. § 25-17-705 Producer responsibility program for statewide recycling - needs assessment - plan proposal - rules
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(1) (a) On or before June 1, 2023, producers or their designated agents shall establish a nonprofit organization to fulfill the requirements of this part 7 and shall provide notification to the department that includes: (I) The name, address, and contact information of a person r…
Colo. Rev. Stat. § 25-17-706 Minimum recyclable list - convenience standards
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(1) (a) The organization shall develop a minimum recyclable list based on the availability of recycling services, recycling collection and processing infrastructure, and recycling end markets for covered materials, as determined by the needs assessment. (b) The organization shall…
Colo. Rev. Stat. § 25-17-707 Education and outreach program
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(1) The organization shall develop and implement a statewide education and outreach program that is designed to increase the recycling and reuse of covered materials and includes education and outreach on: (a) Proper end-of-life management of covered materials; (b) The location a…
Colo. Rev. Stat. § 25-17-708 Producer requirements - additional producer responsibility organization - coordination plan - rules - confidentiality - compliance with local government codes - audit
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(1) Effective July 1, 2025, a producer shall not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, on or after January 1, 2029, except as set forth in the final plan or any other plan approved by the ex…
Colo. Rev. Stat. § 25-17-709 Producer responsibility dues - inspection of records - annual reporting
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(1) (a) Except as set forth in a plan approved by the executive director pursuant to this part 7 on or after January 1, 2029, by a date determined by the organization that is no later than January 1, 2026, and annually thereafter by a date determined by the organization, a produc…
Colo. Rev. Stat. § 25-17-710 Violations - enforcement - administrative penalty - injunction
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(1) If the organization, an additional producer responsibility organization, a person administering a plan approved by the executive director pursuant to this part 7, or a producer violates any portion of this part 7, the organization, additional producer responsibility organizat…
Colo. Rev. Stat. § 25-17-711 Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions
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If the program or any other plan approved by the executive director pursuant to this part 7 engages in an activity performed solely in furtherance of implementing the program or plan and in compliance with this part 7, the activity is not a violation of the antitrust, restraint o…
Colo. Rev. Stat. § 25-17-712 Eligibility for state or local incentive programs
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Nothing in this part 7 affects a person's eligibility for any state or local incentive programs for which the person is otherwise eligible. Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2422, � 1, effective August 10.
Colo. Rev. Stat. § 25-17-713 Producer exemptions - rules
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(1) A producer is exempt from the requirements of this part 7 if the producer is: (a) A person with less than five million dollars in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year; (b) A person that has used less than one to…
Colo. Rev. Stat. § 25-17-714 Restriction on fees
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A person shall not charge any kind of point-of-sale or point-of-collection fee to consumers to recoup its costs in meeting the obligations of or complying with this part 7. Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2423, � 1, effective August 10. 25-17-715. Pr…
Colo. Rev. Stat. § 25-17-715 Producer responsibility program for statewide recycling administration fund - creation - purpose
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(1) There is hereby created in the state treasury the producer responsibility program for statewide recycling administration fund, referred to in this section as the “fund”. The fund consists of all producer responsibility dues transferred to the fund pursuant to this section and…
Colo. Rev. Stat. § 25-17-716 No obligation to provide recycling services
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Notwithstanding any law to the contrary, a private service provider is not required to provide recycling services under the program or any other plan approved by the executive director pursuant to this part 7. Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2424, � …
Colo. Rev. Stat. § 25-17-801 Legislative declaration
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(1) The general assembly finds and declares that: (a) Composting and recycling are two of the most cost-effective climate change solutions that can be implemented; (b) Landfilling food scraps and yard trimmings causes these organic materials to decompose without oxygen, creating …
Colo. Rev. Stat. § 25-17-802 Definitions
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As used in this part 8, unless the context otherwise requires: (1) ASTM 5988 means the ASTM International standard 5988 entitled Standard Test Method for Determining Aerobic Biodegradation of Plastic Materials in Soil, as that standard existed as of January 1, 2019. (2) ASTM D640…
Colo. Rev. Stat. § 25-17-803 Requirements for products represented as compostable
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(1) A producer of a product that is sold, offered for sale, or distributed in the state shall not represent the product as compostable in the state unless: (a) The product is certified compostable in accordance with ASTM D6400 or ASTM D6868, as applicable; and (b) To the extent c…
Colo. Rev. Stat. § 25-17-804 Marketing and advertising prohibitions for products that are not certified compostable - misleading labels, images, and words - plastic products
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(1) A producer of a product that is not certified compostable shall not market or advertise the product in the state using: (a) Tinting, color schemes, labeling, or words that are required for products represented as compostable pursuant to section 25-17-803; or (b) Labeling, ima…
Colo. Rev. Stat. § 25-17-805 Proof of compliance - information on commercial composting environment
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(1) On and after January 1, 2024, at the request of any person, including the attorney general, a producer shall provide information and documentation demonstrating the producer’s compliance with this part 8 in a format that is easily understandable and scientifically accurate, w…
Colo. Rev. Stat. § 25-17-806 Education and outreach - complaint forum
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(1) The department shall, in collaboration with local governments, conduct education and outreach activities to inform retail establishments, consumers, producers, and retailers about the requirements and prohibitions of this part 8. (2) (a) On or before January 1, 2024, the depa…