C.R.S. Section 25-17-804
Marketing and advertising prohibitions for products that are not certified compostable

  • misleading labels, images, and words
  • plastic products
[Editor’s note:
This section is effective January 1, 2024.]

(1)

A producer of a product that is not certified compostable shall not market or advertise the product in the state using:

(a)

Tinting, color schemes, labeling, or words that are required for products represented as compostable pursuant to section 25-17-803; or

(b)

Labeling, images, or words that could be reasonably anticipated to mislead consumers into believing that the product is compostable.

(2)

Intentionally left blank —Ed.

(a)

A producer of a plastic product shall not market or advertise the product in the state using:

(I)

The words “natural”, “biodegradable”, “degradable”, “decomposable”, “oxo-degradable”, “bioassimilable”, “omnidegradable”, or any other similar form of these words; or

(II)

Any labeling, images, or words that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment in the same manner as a product that is certified compostable.

(b)

The prohibitions in subsection (2)(a) of this section do not apply to biodegradable mulch film.

(3)

A producer of a product that is compostable shall not market or advertise the product using a chasing arrow resin identification code or recycling symbol of any form.

(4)

Each producer that sells, offers for sale, or distributes a product in the state is encouraged to use labeling, images, and words that assist consumers in identifying products that are suitable for recycling or landfill only, as applicable, and that are not compostable.

(5)

The requirements of this section apply only to the extent consistent with any applicable federal law.

(6)

The prohibition in subsection (1)(a) of this section does not apply to brand colors or colors used in a manner that is not clearly intended to indicate compostability.

(7)

This section is effective January 1, 2024.

Source: Section 25-17-804 — Marketing and advertising prohibitions for products that are not certified compostable - misleading labels, images, and words - plastic products, 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

§ 25-17-804’s source at colorado​.gov