Single-Use Bag Fee

What businesses must follow the single-use bag fee?

• Grocery stores and supermarkets
• Convenience stores
• Liquor stores
• Retailers
• Other stores that provide plastic bag fees
• Including any self-checkout and delivery services

Are there any exemptions to the bag fee?

Certain retail food establishments, and businesses that operate solely in Colorado and have three or fewer locations, may provide single-use plastic carryout bags. Additionally, the carryout bag fee does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program. The act also does not apply to materials used in the packaging or manufacturing of pharmaceutical drugs, medical devices, or dietary supplements.

• Businesses with three or fewer locations in Colorado
• Laundry or dry-cleaning services
• 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 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?

Between January 1, 2023 and January 1, 2024, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag. Beginning January 1, 2024, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag and prohibits stores and retail food establishments from providing single-use plastic carryout bags to customers. 

The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product (more commonly known as Styrofoam™) for use as a container for ready-to-eat food in this state. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted.

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.

Does this fee apply to bags used for produce?

The bag fee does not apply to some bags such as those used to package  bulk items, produce, meat, or fish.

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 StyrofoamTM 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?

Businesses must charge the single-use bag fee to their customers at the point of sale, except customers 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.  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?

In order to work with our local businesses, the City of Brighton will be releasing PDF files for printing the following materials very soon! Keep an eye out for the release date and get your materials to prepare your business and your customers. 

Downloads

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

• Flyer (English/Spanish)
• Cashier notice countersigns (Coming soon!)
• Window decal
  
  

Signage and materials are also available in Spanish: 

• Postcard sized flyer
• Cashier notice countersigns
• Window decal

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

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

• Grocery stores and supermarkets
• Convenience stores
• Liquor stores
• Retailers
• Other businesses that provide plastic bags
• Including any self-checkout and delivery services

Are there any exemptions to the bag fee?

• Businesses with three or fewer locations in Colorado
• Laundry or dry-cleaning services
• Bulk stores
• Restaurants
• Businesses may also choose not to provide a bag

The City of Brighton recognizes that some businesses will be exempt based on some characteristics established by the State of Colorado. At that time you will need to comply with the requirements we implement. The City of Brighton will then review and determine if your business is exempt. 

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 online platform that you utilize to file your City of Brighton sales tax returns. We expect to have this available in Spring 2023. Check back for updates on filing availability. 

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

How do I remit my business's bag fees to the City?

Businesses that file their tax return directly with the City will also be able to file for and remit the bag fee through the same system. Businesses that file their tax return through the State of Colorado’s SUTS system will need to file for and remit their fees through the City’s online system. 

The City is in the process of implementing a new online tax and licensing system that is scheduled to go live on January 30, 2023. More information on this system will be provided to businesses the first week of January.

The City anticipates bag fee reporting and remitting to be up and running by Spring 2023. Information and updates will be made available on the City’s webpage.

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 Brighton for the uses below but not limited to: 

• Administrative costs associated with developing and implementing the fee 
• Educating residents, businesses, and visitors about the impacts of single-use bags 
• Other waste reduction, recycling, composting, or waste diversion programs

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.

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 recycling facilities 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 such as King Soopers or Walmart. Even when properly disposed of, plastic bags are very difficult to recycle due to the limited aftermarkets of the material. 

How do these laws help the environment?

Plastic bags, paper bags, and Styrofoam™ containers take a lot of energy, water, and other natural resources to manufacture. Additionally, plastic bags and Styrofoam™ are not recyclable in curbside containers and cause a lot of issues when sent to recycling facilities. 

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.

Ideas to help remember to bring your reusable bag:

• 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.
• Place 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.