Restaurant customers would have to request plastic utensils and condiment packets with their to-go food if a bipartisan bill introduced in the Colorado House becomes law.

House Bill 1134 would require restaurants and third-party food delivery services to ask customers if they want single-use items like cutlery, napkins and condiments instead of providing them automatically. If enacted, the bill would go into effect on Jan. 1, 2023.

Bill sponsor Rep. Brianna Titone, D-Arvada, said she was inspired by an identical ordinance passed by the Denver City Council in May 2021. Titone said the policy saves restaurants money by not wasting products and prevents unused meal accessories from being thrown away or abandoned in kitchen drawers.

“I think it’s a win-win for everybody. There’s really nothing that impacts anybody in a negative way,” Titone said. “Why are we putting that stuff in the bag if people don’t want it to begin with?”

In the United States, nearly 36 million tons of plastic waste is generated annually and around 75% goes to landfills, according to the Environmental Protection Agency. The International Solid Waste Association estimates single-use plastic consumption has grown by 250% to 300% in the U.S. during the COVID-19 pandemic – which can be partially attributed to increasing use of food delivery and to-go ordering.

The bill’s prime sponsor in the Senate, Henderson Republican Kevin Priola, said he has seen the impact of increased trash first-hand in his home district.

“Growing up in Adams County, I’ve noticed there’s so much more trash in parking lots and on the sides of the highways and streets, and a lot of it is directly related to restaurants and the food industry,” Priola said. “It basically encourages a conversation with patrons about, ‘Do you really need that fork?’ or ‘Do you really need those condiments?'”

Single-use items under the bill include plastic utensils, napkins, condiment cups and packets, straws, stirrers, lids, cups, cup sleeves, spill plugs, serving trays, cocktail sticks and chopsticks.

No legislators or stakeholders have come out in opposition of the bill. That includes the Colorado Restaurant Association, which said it has been working with Titone to assure the bill would not negatively impact the food industry.

“Our legislative committee recommended that we seek to incorporate language into Rep. Titone’s proposal that allows industry employees the option of offering single-use items to customers,” said Mollie Steinemann, government affairs manager of the Colorado Restaurant Association. “They also recommended that restaurants with drive-thrus be granted the ability to include single-use items to prevent spills, which is a public safety concern. Those concerns have been incorporated into Rep. Titone’s proposal, making it much more industry-friendly.”

Despite the lack of formal opposition, Titone’s bill faced broad backlash on social media after the Arvada Democrat tweeted about it on Saturday. The criticisms included that the bill was overreaching and an unnecessary burden on restaurants already struggling during the COVID-19 pandemic.

Titone said that is not the intention of the bill, which is evident in the fact that there are no penalties included in the bill if restaurants do not comply.

“This bill has no intent of being a burden on the restaurants and we made sure of that,” Titone said. “I don’t want to punish somebody, I just want to get the idea across that this is going to be helpful to them and is going to make many of their customers happy.”