2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 17 - WASTE DIVERSION AND RECYCLING (§§ 25-17-101 — 25-17-903) › Part 8 - STANDARDS FOR PRODUCTS REPRESENTED AS COMPOSTABLE (§§ 25-17-801 — 25-17-806) › Section 25-17-802 - Definitions

As used in this part 8, unless the context otherwise requires:
(1)
"ASTM 5988" means the ASTM International standard 5988 entitled "Standard Test Method for Determining Aerobic Biodegradation of Plastic Materials in Soil", as that standard existed as of January 1, 2019.
(2)
"ASTM D6400" means the ASTM International standard D6400 entitled "Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities", as that standard existed as of January 1, 2019.
(3)
"ASTM D6868" means the ASTM International standard D6868 entitled "Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities", as that standard existed as of January 1, 2019.
(4)
"ASTM International" means ASTM International or any successor entity.
(5)
"Biodegradable mulch film" means any film product used as a technical tool in commercial farming applications that:
(a)
Fulfills the plant growth and regulated metals requirements of ASTM D6400; and
(b)
Shows at least a ninety percent biodegradation absolute or relative to microcrystalline cellulose over a period of less than two years according to ISO 17556 or ASTM 5988.
(6)
"Certified compostable" means that a product has received certification by a recognized, independent, third-party verification body that the product is compostable.
(7)
"Commercial composting facility" means any solid waste composting facility regulated by the department that:
(a)
Accepts a fee for solid waste composting; or
(b)
Composts solid waste to create a compost or soil amendment and distributes the finished compost or soil amendment offsite for a fee.
(8)
"Compostable" means that a product is capable of undergoing aerobic biological decomposition in a controlled composting system as demonstrated in accordance with ASTM D6400 or ASTM D6868, as applicable.
(9)
"Department" means the department of public health and environment created in section
24-1-119
.
(10)
"Federal trade commission guidelines" means the federal trade commission guides for the use of environmental marketing claims, codified in
16 CFR 260
et seq., as amended.
(11)
"Film product" means a bag, sack, wrap, or other sheet film product that is a single-use product made predominantly of plastic derived from natural gas, petroleum, or a biologically based source, including corn and other plant sources.
(12)
(a)
"Food service product" means a product intended for one-time use and that is used for food or drink that is offered for sale or use.
(b)
"Food service product" includes containers, plates, bowls, cups, lids, beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment packaging, clamshells and other hinged or lidded containers, wraps, and portion cups.
(13)
"ISO 17556" means the International Organization for Standardization document entitled "Plastics - Determination of the ultimate aerobic biodegradability of plastic materials in soil by measuring the oxygen demand in a respirometer or the amount of carbon dioxide evolved", as that document existed as of January 1, 2019.
(14)
"Local government" means a home rule or statutory county, municipality, or city and county.
(15)
"Packaging" means any material that is intended for single or short-term use and is designed for the containment, protection, handling, or delivery of a product.
(16)
(a)
"Plastic product" means a product made of plastic, whether alone or in combination with another material, including paperboard.
(b)
"Plastic product" includes:
(I)
A product made of petrochemical or plant-based plastics;
(II)
A package or packaging component;
(III)
A film product; and
(IV)
A food service product that is a plastic product.
(17)
(a)
"Producer" has the meaning set forth in section
25-17-703 (30)
.
(b)
"Producer" does not include any person described in section
25-17-713 (1)(e) or (1)(f)
.
(18)
(a)
"Product accessory" means any standard or common components, appurtenances, or accessories that are sold, offered for sale, or distributed with a particular product.
(b)
"Product accessory" includes lids, straws, and labels.
(19)
"Proprietary information" has the meaning set forth in section
25-17-703 (34)
.
(20)
(a)
"Small product" means a product with a width of one-half inch or less of printable surface space.
(b)
"Small product" includes straws and utensils.
(21)
"Untreated wood" means wood, including raw or kiln-dried wood, that is unpainted and not treated with any chemicals intended to resist decomposition.
(22)
(a)
"Utensil" means a product designed to be used by a consumer to facilitate the consumption of food or beverages.
(b)
"Utensil" includes knives, forks, spoons, sporks, cocktail picks, chopsticks, splash sticks, and stirrers.
(23)
"Wood" means renewable wood or fiber-based substrate.
Added by 2023 Ch. 209,§ 1, eff. 8/7/2023.
2023 Ch. 209, was passed without a safety clause. See Colo. Const. art. V, § 1(3).