ColoradoVetoed bill would have made foodware available by request
If it had taken effect, the bill would have required food retailers and delivery services to provide single-use serviceware for delivery and carryout orders only when customers requested or confirmed it.
What it does
For delivery and carryout orders, food retailers and delivery services would provide single-use utensils, condiments, and similar items only when customers request or confirm them. They could not bundle different types of these items; several settings and spill-prevention items are exempt.
Delivery platforms would leave single-use serviceware out by default and pass customers’ choices to the food retailer. A platform would not be liable if it accurately sent a request that the retailer failed to follow.
Argument forCustomers might receive fewer unwanted utensils and condiments because food retailers would provide only the single-use items customers request or confirm.
Argument againstRestaurants and delivery platforms might need to add steps to collect, pass along, and follow customers’ serviceware choices for each order.
More detail
Food retailers and delivery services would provide single-use serviceware only when customers request or confirm it, and could not bundle different types of these items. The rules would cover food retailers and third-party delivery services handling delivery or carryout orders. The rules cover items such as utensils, napkins, condiments, and straws, but not containers needed to hold food for delivery. The request and bundle rules would not apply at self-service stations, to listed social service meals, airport food retailers, hotel guest meals, spill-prevention items for drive-through, carryout, or delivery, health facilities, or school cafeterias. Employees could still offer serviceware. These rules would apply starting January 1, 2027.
Third-party delivery services would leave serviceware out by default and pass customers’ choices to the food retailer fulfilling each order. These requirements would apply to third-party food delivery services and the food retailers fulfilling orders through their platforms. A platform would not be liable if it accurately communicated a customer’s request and the food retailer failed to follow it. These platform rules would apply starting January 1, 2027.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 2Governor Jared Polis VetoedLatest
- May 19Signed by the President of the SenateMajor
- May 19Signed by the Speaker of the HouseMajor
- May 19Sent to the GovernorTo Governor
- May 6House Third Reading Passed - No AmendmentsPassed House
- Vote recorded BILL. Result: pass.Lower
- May 5House Second Reading Special Order - Passed - No Amendments
- Vote recorded AMD (H.001). Result: fail.Lower
- Vote recorded AMD (H.002). Result: fail.Lower
- May 4House Committee on State, Civic, Military, & Veterans Affairs Refer Unamended to House Committee of the WholeMinor
- Vote recorded Refer Senate Bill 26-146 to the Committee of the Whole. Result: pass.Upper
- Vote recorded Refer Senate Bill 26-146 to the Committee of the Whole. Result: pass.Lower
- Apr 30Introduced In House - Assigned to State, Civic, Military, & Veterans AffairsMinor
- Apr 29Senate Third Reading Passed - No AmendmentsPassed Senate
- Vote recorded BILL. Result: pass.Upper
- Apr 28Senate Second Reading Passed with Amendments - Committee, FloorMinor
- Apr 23Senate Committee on Health & Human Services Refer Amended to Senate Committee of the WholeMinor
- Vote recorded Adopt amendment L.003 (Attachment H). Result: pass.Upper
- Vote recorded Adopt amendment L.002 (Attachment G). Result: pass.Upper
- Vote recorded Adopt amendment L.004 (Attachment I). Result: pass.Upper
- Vote recorded Adopt amendment L.001 (Attachment F). Result: pass.Upper
- Vote recorded Adopt amendment L.005 (Attachment J). Result: pass.Upper
- Vote recorded Refer Senate Bill 26-146, as amended, to the Committee of the Whole. Result: pass.Upper
- Mar 24Introduced In Senate - Assigned to Health & Human ServicesIntroduced
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