Two Democratic lawmakers in Colorado are putting forward a bill aimed at limiting restaurants’ ability to provide customers with free napkins, utensils, and condiments, citing environmental concerns.
The proposed legislation, known as SB26-146, would prevent retail food establishments and third-party delivery services from offering disposable utensils unless a customer explicitly requests them. Introduced on March 24 by Sen. Lisa Cutter and Rep. Meg Froehlich, if approved, it would take effect in early 2027.
The bill defines “disposable serviceware” as items given to customers to aid in their meals, intended for single use before being discarded. This category includes things like napkins, silverware, condiments, and straws, among other non-food items.
According to the bill’s text, customers are increasingly frustrated with the volume of single-use items they receive, many of which are not recyclable or compostable and often contaminate recycling streams. “A statewide requirement that food retailers ask customers about disposable service items before providing them could significantly cut down on unnecessary waste and save restaurants considerable sums of money,” the lawmakers state.
This legislation would build on the state’s Plastic Pollution Reduction Act. Colorado banned plastic bags in 2021, which is set to be enforced in 2024, with Cutter being a key sponsor of that measure.
Under the Plastic Pollution Reduction Act, counties can impose civil fines—up to $500 for a second offense and $1,000 for additional offenses—against stores or food retailers that violate its terms.
Spokespeople for Cutter and Froehlich have not yet responded to inquiries about the bill.
On social media, one critic remarked, “If this bill passes, your local Taco Bell could face a fine of $1,000 for providing napkins without a specific request.” The critic raised concerns about the bill’s implications, suggesting that it unfairly targets certain establishments while leaving others unpunished for similar practices.
The new legislation includes condiments like ketchup, mustard, soy sauce, and sweeteners, among others, specifying that they cannot be provided unless requested.
Additionally, the bill would ban the use of hot coffee cup sleeves unless explicitly requested. Critics have pointed out that this could lead to discomfort for customers without significantly benefiting the environment.
Democratic Governor Jared Polis has not commented on whether he would sign or veto the bill should it reach his desk. Currently, Democrats hold a significant majority in both chambers of the Colorado legislature.
