2022 Colorado Code
Title 18 - Criminal Code
Article 13 - Miscellaneous Offenses
§ 18-13-113. Unlawful to Sell Metal Beverage Containers With Detachable Opening Devices

1. As used in this section:
   1. "Beverage" means each of the following forms of liquid refreshment intended for human consumption:
      1. Fermented malt beverages, malt liquors, beers, or any beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product, or any combination thereof, in water;
      2. Alcoholic beverages obtained by distillation, and mixed with water or other substances in solution;
      3. Alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar;
      4. Mineral or soda waters;
      5. Carbonated or noncarbonated soft drinks; or
      6. Fruit juices or vegetable juices or fruitades.

   2. "Beverage container" means an individual, sealed metal can which contains a beverage.
   3. "Within Colorado" means within the exterior limits of Colorado and includes all territory within these limits owned or ceded to the United States of America.

2. No person shall sell or offer for sale at retail within Colorado any metal beverage container with a detachable opening device designed to detach from the beverage container when a user opens the beverage container in a manner reasonably calculated to gain access to its contents.
3. Subsection (2) of this section shall not apply to metal beverage containers with opening devices consisting of sensitized adhesive tape.
4. [ Editor's note: This version of subsection (4) is effective until March 1, 2022.] Any person who violates subsection (2) of this section commits a class 2 petty offense and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars.

   (4) [ Editor's note: This version of subsection (4) is effective March 1, 2022. ] Any person who violates subsection (2) of this section commits a civil infraction and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars.

Source: L. 82: Entire section added, p. 325, § 1, effective January 1, 1983. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3215, § 363, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.