Colorado PFAS Food Packaging Law (HB 22-1345): What Businesses Need to Know

Colorado HB 22-1345: An Overview

Colorado joined the growing list of states banning PFAS in food packaging when Governor Jared Polis signed House Bill 22-1345 on June 3, 2022. The law took effect on January 1, 2024, prohibiting the sale or distribution of plant-fiber based food packaging containing intentionally added PFAS in Colorado.

Colorado's approach mirrors California's in several respects — it focuses on plant-fiber packaging (rather than covering all packaging materials) and places liability on manufacturers and distributors rather than end users such as restaurants. However, it differs from California by not specifying a numeric parts-per-million threshold; instead, it bans PFAS that are intentionally added to the packaging.

Enforcement is handled by the Colorado Department of Public Health and Environment (CDPHE). For a broader comparison across all states, see our complete guide to state PFAS food packaging bans.

Regulation Details

What Packaging Is Covered

Colorado's HB 22-1345 targets plant-fiber based food packaging — containers and serviceware made from molded pulp, paper, bagasse (sugarcane fiber), bamboo, wheat straw, and similar plant-derived materials. These products have historically used PFAS-based treatments to achieve grease and moisture resistance.

Covered packaging types include:

• Molded fiber clamshell containers
• Fiber plates, bowls, and trays
• Paper cups and cup sleeves
• Paper wraps and liners
• Pizza boxes (plant-fiber)
• Paper bags and food boats

What Is Not Covered

Like California's law, Colorado's HB 22-1345 does not apply to non-plant-fiber packaging. Plastic containers, polystyrene foam, aluminum foil, and metal cans fall outside the scope of this specific law. Businesses that rely primarily on these materials are not directly regulated under HB 22-1345, though future legislation could expand coverage.

Penalties for Non-Compliance

Colorado's HB 22-1345 carries civil penalties of up to $5,000 per day per violation, enforced by CDPHE. Because each day of continued non-compliance can constitute a separate violation, penalties can accumulate quickly for businesses that fail to correct identified issues.

Liability under Colorado's law falls on manufacturers and distributors — not on restaurants, food trucks, or caterers who purchase the packaging. However, food businesses that become aware their supplier is distributing non-compliant packaging face supply chain disruption risk if that supplier is targeted by enforcement action.

Common Steps Businesses Take

1. Identify plant-fiber packaging in your inventory. Conduct an audit of all food-contact packaging. Separate molded fiber, paper, bagasse, and bamboo items from plastic and foam items, as only plant-fiber materials are covered under HB 22-1345.
2. Request supplier compliance documentation. Ask each plant-fiber packaging supplier for a Certificate of Analysis or Certificate of Compliance confirming that no PFAS were intentionally added. Where available, request total organic fluorine (TOF) test results.
3. Verify TOF levels below 100 ppm where possible. While Colorado's law does not mandate a specific numeric threshold for all purposes, the 100 ppm TOF exemption for non-intentionally added PFAS provides a useful benchmark. Compliant PFAS-free packaging typically tests well below this level.
4. Maintain documentation records. Keep organized records of supplier correspondence, COAs, and test data. These records demonstrate due diligence and are important if questions arise from regulators or downstream customers.
5. Monitor regulatory developments. Colorado may expand its PFAS packaging restrictions beyond plant-fiber materials in future legislative sessions. Staying informed helps avoid compliance gaps as the law evolves.