CO HB 22-1345 (2022)
Colorado's HB 22-1345, effective January 1, 2024, bans PFAS in plant fiber-based food packaging sold or distributed in the state. The law targets the same category of compostable takeout containers that were historically treated with PFAS-based grease-resistant coatings — molded fiber clamshells, bowls, plates, cups, pizza boxes, and paper bags. Colorado's Department of Public Health and Environment (CDPHE) enforces the regulation with civil penalties up to $5,000 per violation.
Colorado's food service industry is diverse, spanning Denver's urban restaurant scene, mountain resort towns with high tourism traffic, and agricultural communities with farm-to-table operations. Each of these segments relies on plant fiber-based takeout and delivery packaging, making the PFAS ban broadly relevant. The law follows Colorado's broader pattern of environmental legislation, including its PFAS in firefighting foam restrictions and water contamination cleanup efforts — food packaging is one component of the state's comprehensive PFAS reduction strategy.
For businesses operating in Colorado, the compliance burden is relatively straightforward compared to states with broader material scope or threshold testing requirements. The ban covers intentionally added PFAS in plant fiber packaging, and non-plant-fiber packaging (plastic, foil) is exempt. However, businesses sourcing from smaller or regional packaging suppliers should not assume compliance and must request explicit documentation.
CO HB 22-1345 (2022)
Plant-fiber based packaging only
Prohibits the sale or distribution of plant-fiber based food packaging containing intentionally added PFAS.
Civil: up to $5,000 per violation
Civil penalties up to $5,000 per violation. Enforced by CDPHE.
Exemptions
Colorado's PFAS ban primarily targets manufacturer and distributor in the supply chain. While food service operators are not directly liable, you should request PFAS-free documentation from your packaging suppliers to avoid supply chain disruptions.
Identify Plant Fiber Items in Inventory
Review your packaging purchases for any plant fiber-based food packaging including molded fiber containers, paper bowls, compostable clamshells, and pizza boxes. Plastic and foil items are not covered.
Obtain PFAS-Free Supplier Statements
Request written confirmation from each supplier that their plant fiber food packaging products do not contain intentionally added PFAS, referencing compliance with Colorado HB 22-1345.
Transition Non-Compliant Stock Promptly
If you identify packaging that may contain PFAS, replace it as soon as possible. CDPHE can assess $5,000 per violation, and continued use of known non-compliant packaging increases exposure.
Track Colorado PFAS Policy Developments
Colorado has been active on PFAS across multiple regulatory fronts. Watch for potential expansions to the food packaging ban that could include broader material coverage or threshold testing requirements.
Use our free compliance checker to verify your food packaging meets Colorado's PFAS regulations.
Run Free Compliance CheckLegal Disclaimer
This page provides general information about Colorado's PFAS food packaging regulations and is not legal advice. Regulations may change; always verify current requirements with the relevant regulatory authority. PFAS Packaging Check is an information tool — consult qualified legal counsel for advice specific to your situation.