Single-Use Bag Fee

What businesses must follow the single-use bag fee?

• Major grocery stores and supermarkets
• Major convenience stores
• Major liquor stores
• Major retailers
• Other major stores that provide plastic bags
• Including any self-checkout and delivery services

Are there any exemptions to the bag fee?

• Smaller stores with three or fewer locations in Colorado
• Farmers and roadside markets
• Laundry or dry-cleaning services
• Pharmacies
• Bulk stores
• Restaurants

What is a single-use bag?

A single-use bag means a bag that is not reusable and is destined for our local landfill or recycling process. The bag fee and ban are only on single-use plastic and paper bags distributed to customers at the point of sale. This does not include reusable bags that may be provided by the store or any bag brought in by the customer to be used.

Single-use bag does not include:

• Bags used by consumers inside stores to:
  • Package bulk items, such as fruit, vegetables, nuts, grains, candy, or small hardware items
  • Contain or wrap frozen foods, meat, or fish
  • Contain or wrap flowers, potted plants, or other items where dampness may be a problem
  • Contain unwrapped prepared foods or bakery goods
• A non-handled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recyclable paper bag or reusable bag
• Bags provided by pharmacists to contain prescription drugs
• Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags for uses such as food storage, garbage, pet waste, or yard waste bags

When does the single-use bag fee take effect?

The statewide single-use bag fee takes effect on Jan. 1, 2023.

How much is the bag fee?

The fee is ten cents ($0.10) per plastic or paper bag.

What businesses must follow the plastic bag and Styrofoam^TM ban starting on January 1, 2024? 

• All of the businesses that must follow the single-use bag fee
• Including any self-checkout and delivery services
• Restaurants 

Must stores charge all customers the bag fee?

Major stores must charge the single-use bag fee to their customers at the point of sale, except those who provide proof of participation in a federal or state food assistance program such as SNAP or EBT. 

How can I avoid the bag fee?

Customers can avoid paying the 10-cent bag fee by using their own bag that they bring with them to the store. Some stores offer reusable bags for purchase, or even offer reusable bag credits so you could save while you shop with your own bag! Customers can also choose not to bag their purchases.

Will I be charged if I bring my own plastic or paper bag?

No. The single-use bag fee will not apply to bags you bring to a store for reuse, including plastic and paper bags you already have and want to reuse.

Does the fee apply to bags used for delivery orders or self-checkout?

Yes. The bag fee must be applied to each single-use bag provided at self-checkout or delivery orders from stores required to charge a bag fee. 

What resources are available to help businesses message and comply with the bag fee?

A Partners for a Clean Environment advisor can help walk you through the best way to make changes that work for your business. Email Matt Hannon, Boulder County PACE Business Sustainability Advisor at 303-441-1162.

Here is a list of the signage and materials available to help spread the word:

• Postcard sized flyer
• Cashier notice countersigns
• Shelf talkers
• Window decal
• Cashier responses to frequently asked questions

Signage and materials are also available in Spanish: 

• Postcard sized flyer
• Cashier notice countersigns
• Shelf talkers
• Window decal
• Cashier responses to frequently asked questions

City of Lafayette representatives will be visiting affected businesses with printed versions of the materials during the month of November 2022. If you'd like to arrange a time for drop-off or speak to someone about getting materials, please reach out via email to sustainability@lafayetteco.gov.

Does my business need to charge a single-use bag fee?

The below businesses must pass the single-use bag fee to their customers based on each paper or plastic bag used at check out: 

• Major grocery stores and supermarkets
• Major convenience stores
• Major liquor stores
• Major retailers
• Other major stores that provide plastic bags
• Including any self-checkout and delivery services

Are there any exemptions to the bag fee?

• Smaller stores with three or fewer locations in Colorado
• Farmers and roadside markets
• Laundry or dry-cleaning services
• Pharmacies
• Bulk stores
• Restaurants
• If your business already doesn't supply paper or plastic bags to customers at check out. 

If your business believes it should be exempted from the statewide single-use bag fee, please fill out and submit an exemption form. The City will review your submitted form to verify if your business qualifies for an exemption. 

How do businesses comply with the bag fee?

Per a Colorado law passed in 2021, stores and retail food establishments, with more than 3 locations in Colorado, will be required to charge customers a $0.10 fee for each single-use plastic and paper bag used at the point of sale starting on January 1, 2023. Businesses will retain four cents of the fee to cover the costs of administration and compliance while six cents is to be remitted to the City on a quarterly basis. 

The fee will be remitted quarterly through the same platform, MuniRevs, that you utilize to file city sales and use tax returns and to apply for a business license.

Please note: You do not need to apply for a new account or license for the Bag Fee requirement.

The first quarterly return of 2023 will be added to your account on April 1, 2023. Bag Fee remittance for the first quarter will be due on April 20, 2023. Quarterly returns will be added as a task to your account at the end of each subsequent calendar quarter.  

What will the fee money be used for?

Businesses keep four cents of the fee in order to cover their costs complying with the State law, administration, training employees, etc.

 The remaining six cents is remitted to the City of Lafayette for the uses below: 

• Administrative or enforcement costs associated with developing and implementing the fee 
• Providing reusable bags to the community 
• Educating residents, businesses, and visitors about the impacts of disposable bags 
• Other waste reduction, recycling, composting, or waste diversion programs

Note: The single-use bag fee is a fee, not a tax and therefore all proceeds collected in accordance with this State law can only be used for the purposes listed above and cannot be used for general government expenses. 

How is the fee monitored?

A store must record on a customer’s receipt the number of single-use bags and the total amount of fees charged for each bag. The bag fee cannot be included as revenue for the purposes of calculating sales tax to the customer. 

This is a tax, which violates TABOR. Isn’t this fee illegal?

The single-use bag fee is not a tax and none of the proceeds can be used for other non-related government expenses. Additionally, the fee cannot be included as revenue for the purposes of calculating sales tax to a customer.

Why can't the City just promote recycling plastic bags?

Plastic bags cannot go in your recycling cart as they cause a lot of problems. They clog the machinery that sorts recyclables at the Recycling Center which requires the bags to get cut out by hand, a time-intensive task.

In order for plastic bags to be recycled, residents must take their plastic bags to appropriate disposal locations in Lafayette such as King Soopers or Walmart, or travel to the Center for Hard-to-Recycle Materials (CHaRM) in Boulder. Even when properly disposed of, plastic bags are very difficult to recycle due to the limited aftermarkets of the material. 

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) its benefits outweigh the impacts from production. The best bag you can use is a reusable bag that you use for years and 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 the recycling center. 

Reducing and banning 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.

What type of reusable bag is best?

The best bag is a reusable bag that you use for years and years and that you can wash. Choose a bag that is durable to avoid having to buy a replacement in the future. Consider bags made from recycled content.

How can I make remembering my bags a habit?

• Write “Bring Bags” at the top of your grocery list and put your bags with your list.
• Post a reminder note by your door.
• Hang your bags by your door or put them back in your car or bike basket as soon as you empty and clean them.
• Store or clip an extra bag in your purse or backpack.
• Keep a spare bag at work.
• Leave a few bags in your car.
• Put your coupons in your bag.
• If you regularly shop on a set day of the week, put a reminder in your phone or on your calendar to bring your bags.

I use single-use bags as garbage bags or pet waste bags. What do I do now?

While many people reuse bags, many do not, which is why the bag fee was put into place. Small trash bags are available at retailers or single-use bags can be purchased at the checkout to be used for garbage cans in your home. The bag fee does not apply to produce bags, newspaper bags, etc—so if you produce very little garbage those bags could be used for that purpose.

Pet owners will still have multiple options to clean up pet waste. They can use plastic bags from newspapers, produce, or bread; paper bags; newspaper; or dog poop bags bought at the store.