Colorado: sustainable packaging labelling

Executive summary

Colorado has two marking rules that must be read together. Section 25-17-103 requires a 1-7 resin-identification code on covered plastic bottles and rigid plastic containers manufactured on or after 1 July 1992 and sold in the state. The Compostable Product Labeling Act, sections 25-17-801 to 805, creates a later, product-specific presentation system. Certified compostable products must be identifiable on quick inspection, while non-certified plastic products cannot use a broad list of degradation terms or copy the appearance of compliant compostables.

The compostability law also prohibits a compostable plastic product from displaying a resin-identification code, recycling symbol or chasing arrows. This means the older resin-code rule should not be applied mechanically to a product within the later compostability regime. The business must classify the item and reconcile the provisions. Colorado’s producer-responsibility program is a third layer: it finances and restructures statewide recycling but does not itself prescribe a universal EPR logo for packages.

Legal status at a glance

The general resin-identification rule

Section 25-17-103 prohibits distribution, sale or offers for sale of a covered plastic bottle or rigid plastic container manufactured on or after 1 July 1992 unless it carries a code identifying the resin. The code uses a number inside a triangle of arrows and the corresponding letters: 1 PETE, 2 HDPE, 3 V, 4 LDPE, 5 PP, 6 PS and 7 OTHER, including multilayer material.

Containers with labels and base cups of different materials are coded by the basic container material. The code remains a material identifier, not a promise that the package is accepted everywhere. For ordinary non-compostable rigid packaging, the resin statute continues to require its legacy graphic unless another specific rule controls.

When a product may be called compostable

A producer may represent a product as compostable only where it is certified by a recognized independent third party as meeting the applicable ASTM D6400 or D6868 standard incorporated by the Act. Certification is not a general endorsement of sustainability. It addresses conformance to the specified compostability criteria for the product and context within the certification scope.

Evidence should include the current certificate, tested construction, inks, adhesives and additives, authorized certification logo, product dimensions and expiration or surveillance conditions. A material supplier’s certificate is insufficient where the finished product differs from the tested article. Proof of compliance must be supplied on request as the Act provides.

Required presentation for certified compostables

A compliant product and its packaging must be readily and easily identifiable on quick inspection. The Act calls for the certification logo, the word “compostable” where possible and green colouring, striping or another distinguishing design. A small product with no more than one-half inch of printable space may use one of the listed identifiers rather than the full combination.

Accessories require separate attention. A compostable accessory must comply with the identification rules. A non-compostable accessory associated with a compostable product must display a recyclability label or “LANDFILL ONLY,” subject to the Act’s specifications. Untreated wood products fall within a stated exception. Packaging teams should therefore map each item in a kit, not evaluate only the primary article.

Prohibited words, symbols and mimicking presentation

Beginning 1 January 2024, a non-certified plastic product may not be labelled with “natural,” “biodegradable,” “degradable,” “decomposable,” “oxo-degradable,” “bioassimilable,” “omnidegradable” or substantially similar terminology as regulated by the Act. Non-certified products may not use tinting, striping, colour schemes, designs or symbols in a manner likely to mislead consumers into believing they are compostable.

A compostable plastic product may not display a resin-identification code, recycling symbol or chasing-arrows symbol. This prohibition avoids contamination of recycling streams and resolves the misleading implication that the article belongs in conventional recycling. Brand colours can qualify for an exception where they are not intended to indicate compostability, but intent and overall presentation should be documented rather than assumed.

Packaging producer responsibility is a separate duty

HB 22-1355 created Colorado’s Producer Responsibility Program for Statewide Recycling. Covered producers participate through the designated producer-responsibility organization, report data and finance the approved system. The program’s phased implementation affects market access and producer operations, but the Act does not require a single consumer EPR mark on every package.

EPR participation should not be used as substantiation for a package-specific recyclable claim. Financing a statewide system and demonstrating that a particular format is collected, sorted and reprocessed are different propositions. Producers should maintain separate records for EPR classification and on-pack environmental claims.

Enforcement and practical use

The Colorado Department of Public Health and Environment maintains a complaint process for the Compostable Product Labeling Act and transmits nonfrivolous complaints to the Attorney General. The Attorney General may seek the statutory remedies. Producers must provide compliance information on request, although proprietary information is protected as provided by law.

For release, classify the item as ordinary rigid plastic, certified compostable, non-certified plastic or an accessory. Apply the resin code only where the general rule governs. For compostables, verify certification and all required visual elements, remove recycling symbols and prohibited words, and review associated packaging. Then assess EPR duties independently.

Primary sources and verification

Colorado General Assembly. C.R.S. section 25-17-103, resin labelling and coding. Consolidated statutory text with official source reference

Colorado General Assembly. SB 23-253, Compostable Product Labeling Act. Official enrolled bill

Colorado Department of Public Health and Environment. Compostable Product Labeling Act guidance and complaints. Agency guidance

Colorado General Assembly. HB 22-1355, Producer Responsibility Program for Statewide Recycling. Official signed Act

Colorado Department of Public Health and Environment. Producer responsibility program. Agency program page

Federal Trade Commission. Green Guides, 16 CFR Part 260. Official guidance and regulatory text

Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance

The compostability provisions should be applied before carrying a legacy resin symbol onto the same product. Last verified: 21 August 2026.