Skip the Stuff, Say No to Single-Use Condiments & Service Ware

The program took effect January 2022. 

Many retail food establishments give single-use items with takeout and delivery orders, even if a customer does not request them. This results in:

• Added costs for the establishment
• Increased waste
• Unnecessary use of natural resources

These items fill junk drawers, litter streets and waterways, or end up in a landfill, mostly unused.

Single-use condiments are packaged. Examples of single serve condiments include:

• Sauces (like ketchup, relish, mayo, mustard, soy sauce, salad dressing, hot sauce)
• Seasonings (like salt, pepper, parmesan cheese, red pepper flakes)
• Spreads (like cream cheese, jelly, butter)

Single-use food service ware includes but is not limited to:

• Knives, forks, spoons, sporks, and chopsticks
• Napkins
• Straws
• Stirrers, splash sticks, and cocktail sticks

No. Condiment packets and utensils are not recyclable. Please place single-use condiment packets and single-use service ware in the trash.

Visit Zero Waste Denver to learn how you can practice Refuse, Reduce, Reuse and Recycle.

Yes. A customer can request any single-use item at a retail food establishment. Customers should always be specific about what items they need. 

You can report retail food establishments that you believe are not complying with #SkipTheStuff program by submitting a Report a Retail Food Establishment form. Please know that the city will attempt to assist the restaurant with coming into compliance before issuing any financial penalties. 

Yes. This program also applies to third-party delivery services. Certain single-use items used to prevent spills and deliver food and beverages safely, such as cup lids, spill plugs and beverage holders, are exempt.

The goal of this program is to encourage less waste by giving consumers the choice to request only what they need, while also allowing consumers and retailers an opportunity to think about reducing waste and changing habits. 

1.0 Authority

These rules and regulations (“Rules and Regulations”) are adopted by the Executive Director of the City and County of Denver Office of Climate Action, Sustainability and Resiliency in accordance with Section 2-410 of the Denver Revised Municipal Code (“D.R.M.C.”).

2.0 Purpose

The purpose of these Rules and Regulations is to establish the education and outreach requirements applicable to Retail Food Establishments and Third-Party Food Delivery Platforms operating within the City and County of Denver.

3.0 Definitions

As used in these Rules and Regulations, the terms listed below shall have the following meanings:

• 3.1 “Executive Director” means the executive director of the Office of Climate Action, Sustainability, and Resiliency of the City and County of Denver.
• 3.2 “Retail Food Establishment” means a retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for sale for human consumption to consumers directly, or indirectly through a delivery service, whether such good is consumed on or off the premises.
• 3.3 “Single-Use Condiment” means packaged, single-serving condiments, such as relishes, spices, sauces, confections, or seasonings, that require no additional preparation and that are used on a food item. This includes, but is not limited to, ketchup, mustard, mayonnaise, parmesan cheese, soy sauce, salsa, syrup, jam, jelly, salt, sweeteners, pepper, or chile pepper.
• 3.4 “Single-Use Food Service ware” means all types of single-use items provided by a retail food establishment or third-party delivery platform, including, but not limited to, utensils, chopsticks, napkins, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks, designed for a single use.
• 3.5 “Single-Use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
• 3.6 “Third-Party Food Delivery Platform” means any person, website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, retail food establishments.

4.0 Retail Food Establishment Requirements

•  4.1 Every Retail Food Establishment shall post signage at the point of order stating that Single-Use Food Service ware and Single-Use Condiments will only be provided upon request in the establishment. This signage must remain visible to customers at each location where an order is placed as long as these rules and regulations remain in effect.
• 4.2 Every Retail Food Establishment that accepts customer orders by telephone shall verbally inform each customer that Single-Use Food Service ware and Single-Use Condiments are only provided upon request, and that the Retail Food Establishment shall only provide to the customer the Single-Use Food Service ware and Single-Use Condiment items affirmatively selected by the consumer.
• 4.3 Every Retail Food Establishment that accepts customer orders through an online order placement platform for take-out, or delivers to its customers ready-to-eat food, or that utilizes a third-party delivery service for the same, shall customize its online order placement platform to provide a list of available Single-Use Food Service ware and Single-Use Condiments for the customer to request, and shall provide to the customer only those Single-Use Food Service ware and Single-Use Condiment items affirmatively selected by the consumer.

5.0 Third Party Food Delivery Platform Requirements

• 5.1 Every Third-Party Delivery Platform shall post information at the point of order stating that Single-Use Food Service ware and Single-Use Condiments will only be provided upon request. This information shall be posted for as long as these rules and regulations remain in effect.
• 5.2 Every Third-Party Delivery Platform shall provide customers with a list of Single-Use Food Service ware and Single-Use Condiments available from each Retail Food Service Establishment on the platform and shall provide to the customer only those Single-Use Food Service ware and Single-Use Condiment items affirmatively selected by the consumer.

6.1 Effective Date

These rules and regulations will be effective thirty (30) days from the date of adoption listed on the cover page (11/16/21).

Yes, but you must be specific in which items you are offering, and you must not offer all single-use items as once. For example:

• “What utensils would you like with your order?”
• “Would you like napkins with your order?”
• “What condiments do you need with your order?”

Yes. Denver requires all Retail Food Establishments display signage at the point of order, informing customers about the requirement to request need items. The city has some printable signage for you in the Resources for Retailers section of this website and the city will mail pre-printed signs in January.

If your establishment would like signage in a specific language, please email sustainability@denvergov.org. We are happy to provide signage in other languages.

Any retail food establishment that does not comply will first receive a written warning. A subsequent violation can result in a fine of $999.  Retail food establishments can request assistance any time by contacting sustainability@denvergov.org. The city will work with you to come into compliance before any fines will be considered.

Yes. Meals provided as part of a social service to vulnerable populations, school systems, homeless shelters or programs for the elderly are exempt. If you believe that your business does not meet the requirements outlined in the ordinance, please complete the Exemption Form. If you have further questions about exemptions, please contact sustainability@denvergov.org. 

No. Compostable service ware items are still single-use products. All single-use materials require energy and resources to produce. The intent of this program is to reduce waste by avoiding unnecessary items. Relying on single-use items, no matter the material, creates unnecessary waste. Reusable service ware is the best long-term, sustainable solution.

If your business has been contacted by our office to comply with this ordinance and you believe that your business does not meet the requirements outlined in the ordinance, please complete the Exemption Form. Approvals may take up to two weeks and require a visit by our staff.  

Delivery services can only offer customers single-use items that the retail food establishment offers. They may not offer supplemental items that do not come from the restaurant.

Online ordering platforms must enable customers to choose which single use items they want to receive with their order. This information must be transmitted to the restaurant to fulfill accordingly.

Delivery services may use single-use items that prevent spills and help safely deliver food and beverages, such as cup lids, spill plugs and trays.