Democrat Lawmakers Move to Ban Napkins, Utensils in Take Out Food Orders

Two Colorado Democrats have proposed legislation that would crack down on restaurants’ abilities to provide complimentary napkins, utensils, and condiments to customers in the name of protecting the environment.

Bill SB26-146 would ban “a retail food establishment or third-party food delivery service from providing single-use food serviceware to a customer” unless the customer requested or confirmed he or she wanted it, according to the bill’s text. Democratic Colorado State Sen. Lisa Cutter and Democratic Colorado State Rep. Meg Froelich introduced the legislation on March 24 and, if passed, it will go into effect at the start of 2027.

The bill defines “single-use serviceware” as an item that “a retail food establishment or third-party food delivery service provides to a customer to assist the customer in food … designed to be used once and then discarded,” per its text. The definition explicitly includes napkins, utensils, condiments, and straws — among other