FAQs about plastic free law

Why is there a fee on carryout bags now?
The Colorado General Assembly passed the Plastic Pollution Reduction Act (HB21-1162) to reduce and mitigate plastic pollution in Colorado. It is estimated that a person living in the U.S. uses 365 plastic bags per year, and in Colorado that adds up to an estimated 4.6 million single-use plastic bags every day. Plastic bags are the most common pollutant found in Colorado’s rivers, harming wildlife and the beauty of our environment and communities.Starting Jan. 1, 2024, these single-use plastic carryout bags are banned. Stores can only provide a single-use paper bag and charge a minimum of 10 cents to customers for each bag.  Applying a small 10 cent fee on carryout bags encourages a change in behavior resulting in over 70% fewer bags used per year. 

Also starting on Jan. 1, 2024, foam polystyrene (often referred to as Styrofoam®) takeout containers and cups for ready-to-eat foods at all restaurants are also banned.

The state law allows stores to use their inventory of plastic bags they purchased before Jan. 1, 2024 until June 1, 2024. It also allows restaurants and small stores with three or fewer locations to provide single-use plastic carryout bags.

For polystyrene, retail food establishments that purchase these products before Jan. 1, 2024, may continue to use the products until their supply is depleted.

That means you will still continue to use the use of these items. 

How is it going to affect me?
Both phases of the new state law will be in effect on Jan. 1, 2024, which means large retailers will charge you 10 cent for a carryout bag. You can skip the fee by bringing your own reusable bags or carrying out your purchased items without a bag.

For takeout or restaurant leftovers, you can bring your own containers or ask for something to be wrapped in foil. 

What will people do if they can’t afford to pay the carryout bag fee?
Customers who receive federal or state food assistance do not have to pay the 10 cent fee for paper or plastic carryout bags.

Is Colorado the only state to impose a fee on carryout bags?
No. More than nine states have passed plastic bag reduction laws that often include a bag fee including Washington, New Jersey, California, Connecticut, Delaware, Maine, New York, Oregon and Vermont.  

How can I avoid paying the 10 cent fee?
You can avoid paying the bag fee by using your own bag at the store. While reusable cloth bags make it easy and sustainable, you can also use previously used plastic or paper carryout bags brought from home. You can also choose not to bag your purchases.

Are some bags exempt, or not charged the fee?
Yes, bags used by consumers for the following purposes are not charged the fee:

• Produce bags and bags used for food that could contaminate other items, such as frozen food, meat, seafood, etc.
• Bags for unwrapped food and bakery goods.
• Bags for loose, bulk items (hardware items, nuts, fruits, vegetables, grains).
• Bags for dry cleaning or laundry.
• Bags used for prescription medication.
• Bags for the sale of small pets like fish, crustaceans, mollusks, and insects.

Which businesses must collect the bag fee?
Examples include but are not limited to the following: grocery stores, supermarkets, convenience stores, liquor stores, dry cleaners, pharmacies, drug stores, clothing stores and festivals or other temporary vendors or events. Farmers markets, roadside markets or stands, except markets that offer only uncut fresh fruit and vegetables for sale, are also included. 

Retail food establishments, like restaurants, are not required to collect a bag fee. Small businesses are also not required to collect the fee. A small business is defined as a store that has three or fewer locations in the state, and is not part of a franchise, corporation or partnership that has physical locations outside of Colorado.

Should a fast-food restaurant charge me the fee for the paper bag with my food order in it?
Fast- food restaurants are not required to charge Colorado’s Carryout Bag Fee for the paper bag containing your food order. Most restaurants and other retail food establishments are exempt from the fee and are not required to collect it. If you have a concern about how a business is handling the bag fee, please use this online form to submit a report about the issue, and the city’s Finance Department will review the issue.

Why do the new rules only apply to large retailers?
Large retailers distribute a lot of plastic and paper bags, meaning that the new law can cover a lot of ground through this one intervention. Many large retailers also have already started charging fees for carryout bags in other states and some Colorado cities, and they have the experience and systems in place to charge and collect bag fees in Colorado.

Where will funds from the bag fee go?
Four cents of the fee are kept by the store to cover costs of complying with the new law. The remaining six cents are used by the city in which the business is located to implement and enforce the fee; educate residents and businesses about the fee and the impacts of disposable carryout bags; and fund programs to reduce waste such as providing reusable bags. Depending on the amount of fees sent to the city from businesses, Lakewood will consider other programs to reduce waste and increase recycling.

What will I do to replace the plastic bags I use for other purposes (e.g., cat litter, dog poop, small trash cans, etc.)?
While the reuse of plastic and paper carryout bags has been a great way to extend the life of what otherwise would be a single-use bag, the switch to reusable or recyclable bags in our daily lives is essential. To switch from using plastic or paper carryout bags for other purposes, start with using unavoidable bags that come with other items. For example, you can reuse produce bags, pet food bags, newspaper bags, bread bags, bulk toilet paper or water bottle plastic wrapping, etc. You can also purchase bags made from renewable resources or recycled content.

What will self-checkout look like at grocery stores?
At self-checkout, you will be asked to enter how many new paper or plastic carryout bags you used for your order, and the fee will show on your receipt. Customers who receive federal or state food assistance do not have to pay the 10 cent fee for paper or plastic carryout bags. 

What kind of help is the city providing?
Lakewood has provided thousands of free reusable carryout bags at several locations and during city events and festivals in 2023. The city still has a small supply of these bags, which can be picked up at the City Clerk’s Office. The city is also providing online resources to help make the transition away from plastic carryout bags and foam food containers. Depending on the amount of fees remitted to the city, Lakewood will consider other programs to reduce waste and increase recycling.

How will the paper and plastic carryout bag fee affect pickup and delivery services at grocery stores?
When placing pickup and delivery orders, you will be charged the 10 cent fee per carryout bag. The fee will also be charged by services such as Amazon Fresh. Customers who receive federal or state food assistance do not have to pay the 10 cent fee for paper or plastic carryout bags. 

Where can I get reusable bags?
Reusable bags are available at grocery stores, other retail stores, thrift stores, and online outlets such as Facebook Marketplace. You can also make your own reusable bag from an old T-shirt (watch video). The city has a limited supply of reusable bags available at the City Clerk's Office at 480 S. Allison Parkway.

How much will this affect the use of carryout bags?
Several cities in Colorado such as Fort Collins, Boulder, Aspen and others have had a bag fee in place for some time. Information from those programs shows a drop in the use of carryout bags. For example, prior to the fee, Boulder residents used approximately 33 million carryout bags a year, or about 342 bags per person each year. Boulder saw a 70% decrease in plastic bag use immediately following the bag fee going into effect, and that reduction has remained steady.

Why don't we just promote recycling plastic bags?
Plastic bags are very difficult to recycle due to the limited markets for the material. They must be clean, dry and placed in collection containers at special locations such as grocery stores. When plastic bags mix with other recyclables, they clog sorting machinery, resulting in equipment shutdowns. Only 10% of plastic bags get recycled, according to the U.S. Environmental Protection Agency. Paper bags are recyclable, but they take large amounts of water and energy to produce.

Has equity been considered?
Yes. The new state law says that anyone receiving federal or state food assistance does not have to pay the 10 cent fee for paper or plastic carryout bags. Lakewood will be working with nonprofits and others in the community to distribute free reusable bags to low-income residents, those in need and hard-to-reach community members.

Isn’t this a tax, which violates TABOR, and makes this fee illegal?
The single-use bag fee is not a tax, and none of the proceeds can be used for other unrelated government expenses. 

Aren’t single-use bags better for the environment than reusable bags?
No. While it’s true that more resources are used to make a reusable bag than to make a plastic or paper bag, once you use your reusable bag a certain number of times (depending on the material type), the benefits outweigh the impacts from producing the bag. A plastic carryout bag is used for an average 12 minutes, so the best bag is a reusable bag that you use for many years.

How do these laws help the environment?
Plastic bags, paper bags, and Styrofoam™ containers take a lot of energy, water, and other resources to manufacture. Additionally, plastic bags and Styrofoam™ are not recyclable in curbside containers and cause a lot of issues when sent to recycling centers. Reducing and eliminating the use of these materials will reduce litter in our community, help keep our wildlife safe, and reduce the impact of plastics on our food chain (See carryout bag tidbits).