Selling products in Colorado sometimes requires that your products are compliant with local safety standards, labeling, documentation, and testing requirements. In this guide, we introduce you to product regulations applicable to hazardous substances, personal care products, personal protective equipment, beddings, and more.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Colorado. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
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The Colorado Revised Statutes Title 25 (Article 5, Part 5) set out hazardous substance requirements for children’s products and other consumer products. It prohibits the sale and distribution of products intended to be used by children’s and household products that are deemed too dangerous for the user because they contain substances that are:
- Strong sensitizer
- Flammable or combustible
It also sets labeling requirements for other consumer products that contain hazardous substances.
The statutes cover consumer products that contain hazardous substances, including:
- Children’s products
- Household products
- General consumer products
The statutes provide a general provision on children’s products and household products containing hazardous substances as below:
a. Children’s products and household products should not contain any banned substances that can cause public health issues unless they are exempted
b. Exempted children’s products – such as chemical sets – and household products should bear a label that includes safety warnings
c. Other consumer products containing hazardous substances should also bear a label, as detailed in the next section
d. The requirements of the statutes should not be less stringent than the Federal Hazardous Substance Act
The label should provide sufficient information to users include and at least the following items:
- Manufacturer information
- Warning statements
- Precautionary instructions
- User instructions
Here are some examples of warning statements:
a. “Keep out of the reach of children”
b. “Warning: This product contains flammable materials”
Manufacturers of products covered by the statutes should test their products according to the requirements of toxic, corrosive, and other restricted substances, before selling their products in Colorado.
Prohibition on Personal Care Products Containing Microbeads
The Colorado Revised Statutes Title 25 (Article 5, Part 12) prohibit synthetic plastic microbeads in personal care products. Companies are not allowed to produce or manufacture any personal care products containing microbead and sell them in Colorado.
The statutes cover personal care products that are intended to be applied to the human body for the following purposes:
- Changing appearance
Here are some examples of covered products:
- Skin moisturizers
- Fingernail polishes
- Facial makeup
The statutes require that no companies should produce or manufacture any personal care products that contain synthetic plastic microbeads.
Companies should contact a lab testing agency to verify if their personal care products contain any synthetic plastic microbeads, before selling them in Colorado.
Firefighting Foams and Personal Protective Equipment
The Colorado Revised Statutes Title 25 (Article 5, Part 13) set out requirements for firefighting foams and personal protective equipment (PPE), including substances restrictions, notification, and certification requirements.
The statutes cover:
a. Class B firefighting foam (designed for flammable liquid fires)
b. Firefighting personal protective equipment (e.g. clothing, shoes, and helmets)
The statutes set out the requirement for firefighting foam and PPE as below:
a. Manufacturers should not produce or sell any class B firefighting foam that contains Per- and polyfluoroalkyl substances (PFAS)
b. Manufacturers of class B firefighting foam should submit a notification to the state government no less than one year prior to the sale and draft a certificate of compliance
c. Manufacturers of PPE are required to provide written notice to the purchaser if PFAS was added to the equipment
The statutes require that manufacturers of Class B firefighting foam should draft a Certificate of Compliance (CoC) to attest that their products meet the requirements set out in Title 25 (Article 5, Part 13).
It also requires that manufacturers of firefighting PPE that contain PFAS should provide written notice to the purchaser, explaining that the product contains PFAS and the reason for which it contains them.
In order to ensure the products meet the requirements set in Title 25 Part 13, manufacturers should contact a lab testing company to verify if their class B firefighting foam or PPE contains Per- and polyfluoroalkyl substances (PFAS).
The Bedding Act is under the Colorado Statutes Title 25 (Article 5, Part 3) covers most bedding items to be sold in Colorado and includes requirements of disinfection and labeling.
The act covers bedding products which are defined as any quilted pad, mattress pad, and other stuffed material products. Here are some examples of covered products:
- Sleeping bags
- Box springs
The act sets out the requirements for bedding items including the following:
a. Companies should not include or sell any used material in bedding products without disinfection
b. Products should bear permanent labeling measuring at least two inches by three inches in size
The statutes require legibly stamped or printed labels on bedding products, which should include the following information:
- Manufacturer information
- Material content
- Secondhand material notification (if applicable)
Product Liability Actions
The Colorado Revised Code 2307.71 sets out general provisions on product liability actions such as liability claims, and it covers topics such as product misuse and innocent sellers.
The code applies to most consumer goods. Here are some examples of covered products:
The code clarifies product liability in different scenarios as below:
a. Only the manufacturer of the product is liable for product liability, no product liability action should be commenced against the seller of the product
b. Manufacturers and sellers are not liable for the injury caused by product misuse
c. In any product liability action, it should be presumed that the product was not defective if the product has complied with relevant regulations
|Hazardous Substances||Link (Title 25, Article 5, Part 5)|
|Prohibition on Personal Care Products Containing Microbeads||Link (Title 25, Article 5, Part 12)|
|Firefighting Foams and Personal Protective Equipment||Link (Title 25, Article 5, Part 13)|
|Bedding Act||Link (Title 25, Article 5, Part 3)|
|Product Liability Actions||Link (Title 13, Article 21, Part 4)|