State Democrats Move To Ban Napkins

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Two Colorado Democrats have introduced a bill that would change how restaurants hand out common items like napkins, utensils, and condiment packets, framing it as a way to cut down on waste.

The proposal, SB26-146, would prevent restaurants and delivery services from automatically including single-use items with an order unless the customer asks for them or confirms they’re needed. The bill was introduced March 24 by state Sen. Lisa Cutter and state Rep. Meg Froelich and would take effect in 2027 if approved.

Under the bill, “single-use serviceware” covers items meant to be used once and thrown away, including napkins, utensils, straws, and condiment packets such as ketchup, mustard, creamer, and sugar.

Supporters argue that many of these items go unused and end up in landfills. The bill states that customers are often frustrated by the amount of disposable extras included with their orders, adding that many of those items aren’t recyclable or compostable and can contaminate recycling streams.

Requiring businesses to ask first, the bill says, could cut down on waste and save restaurants money by reducing how much they give out.

The measure builds on Colorado’s Plastic Pollution Reduction Act, a 2021 law that restricted plastic bags and other materials. That law allows local governments to fine businesses up to $500 for a second violation and up to $1,000 for additional violations.

The proposal has already drawn criticism from some Republicans. Former state GOP chair Kristi Burton Brown called it “ridiculous” in a post on X, arguing it would penalize restaurants for giving out items customers often expect with their meals.

She also pointed to what she described as inconsistencies in how the bill treats different condiments and items, and raised concerns about how it would apply to delivery services if orders aren’t clearly communicated.

As written, the bill applies to a wide range of common add-ons, including sauces, sweeteners, butter, and even coffee sleeves, which would also require a request before being provided.

Spokespeople for the bill’s sponsors and for Gov. Jared Polis did not respond to requests for comment on the proposal or whether the governor would sign it if it reaches his desk.

Democrats currently hold majorities in both chambers of the state legislature, which could help determine the bill’s path forward.

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