C.R.S. Section 25-17-803
Requirements for products represented as compostable

[Editor’s note:
This section is effective July 1, 2024.]

(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 consistent with federal trade commission guidelines and in a manner that ensures that the product is easily and immediately distinguishable as certified compostable, as described in subsection (1)(a) of this section, upon quick inspection at point of sale and point of use and in a public sorting area and processing facility, the product and its packaging:

(I)

Display a certification logo that indicates that the product is certified compostable;

(II)

Display the word “compostable” where possible; and

(III)

Use green-colored labeling or striping or other easily recognizable green symbols, colors, tinting, marks, or design patterns that differentiate the product from products that are not certified compostable.

(2)

Notwithstanding any provision of this section to the contrary, a producer of any product described in subsection (1) of this section that is a small product is required to comply only with the requirements of subsection (1)(b)(I), (1)(b)(II), or (1)(b)(III) of this section.

(3)

Intentionally left blank —Ed.

(a)

Any product accessory that is not a small product and that is sold, offered for sale, or distributed with any product described in subsection (1) of this section must:

(I)

Comply with subsection (1) of this section if the product is certified compostable;

(II)

Display a label on the product accessory and its packaging that clearly describes the recyclability of the product accessory; or

(III)

Display a label on the product accessory and its packaging that includes the phrase “landfill only”.

(b)

Any product accessory that is a small product may comply with the requirements of subsections (2) and (3)(a) of this section, as applicable, in a manner that is in proportion to the size of the product accessory.

(4)

Notwithstanding anything in this section to the contrary, the requirements of this section do not apply to a producer of a product that is comprised entirely of untreated wood.

(5)

This section is effective July 1, 2024.

Source: Section 25-17-803 — Requirements for products represented as compostable, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑17‑101
Legislative declaration 25‑17‑102
Definitions 25‑17‑103
Labeling and coding 25‑17‑104
Local government preemption - repeal 25‑17‑105
Pilot program - recycled plastic and products - rules 25‑17‑105.5
Pilot program - cathode ray tube product recycling 25‑17‑301
Short title 25‑17‑302
Definitions 25‑17‑303
Landfill ban - rules 25‑17‑304
State electronic device recycling - rules 25‑17‑305
Immunity 25‑17‑306
Public education 25‑17‑307
Charitable donations of electronic devices 25‑17‑308
Rules 25‑17‑401
Short title 25‑17‑402
Legislative declaration 25‑17‑403
Definitions 25‑17‑404
Paint stewardship program plan - assessment - rules - fees 25‑17‑405
Paint stewardship program requirements - annual reports - customer information 25‑17‑406
Retail sales - requirements - paint stewardship assessment added to purchase price - customer information 25‑17‑407
Violations - enforcement - administrative penalty 25‑17‑408
Fees - cash fund - creation 25‑17‑409
Certificate of designation not required 25‑17‑410
Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions 25‑17‑501
Short title 25‑17‑502
Legislative declaration 25‑17‑503
Definitions - rules 25‑17‑504
Restrictions on use of single-use plastic carryout bag - inventory exception - repeal 25‑17‑505
Carryout bag fee - disposition of money - repeal 25‑17‑506
Prohibition on use of expanded polystyrene food containers 25‑17‑507
Enforcement - possible penalties 25‑17‑508
Local government regulation - preemption 25‑17‑509
Exemption for medical products 25‑17‑601
Definitions 25‑17‑602
Circular economy development center - creation - administration - reports - repeal 25‑17‑603
Repeal of part 25‑17‑701
Short title 25‑17‑702
Legislative declaration 25‑17‑703
Definitions 25‑17‑704
Producer responsibility program for statewide recycling advisory board - creation - membership 25‑17‑705
Producer responsibility program for statewide recycling - needs assessment - plan proposal - rules 25‑17‑706
Minimum recyclable list - convenience standards 25‑17‑707
Education and outreach program 25‑17‑708
Producer requirements - additional producer responsibility organization - coordination plan - rules - confidentiality - compliance with local government codes - audit 25‑17‑709
Producer responsibility dues - inspection of records - annual reporting 25‑17‑710
Violations - enforcement - administrative penalty - injunction 25‑17‑711
Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions 25‑17‑712
Eligibility for state or local incentive programs 25‑17‑713
Producer exemptions - rules 25‑17‑714
Restriction on fees 25‑17‑715
Producer responsibility program for statewide recycling administration fund - creation - purpose 25‑17‑716
No obligation to provide recycling services 25‑17‑801
Legislative declaration 25‑17‑802
Definitions 25‑17‑803
Requirements for products represented as compostable 25‑17‑804
Marketing and advertising prohibitions for products that are not certified compostable - misleading labels, images, and words - plastic products 25‑17‑805
Proof of compliance - information on commercial composting environment 25‑17‑806
Education and outreach - complaint forum 25‑17‑901
Definitions 25‑17‑902
Organics diversion study - report - funding 25‑17‑903
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 25-17-803’s source at colorado​.gov