The current FDA code for food establishments state that ALL REUSABLES MUST
A: Be manufactured for refill
B: Given by the food establishment to the customer
C: Cleaned and sanitized by the establishment
A and B are no brainers, but B must be taken out. Waiting for the food establishments to all implement a reusable refillable container will take way too long, but everyone already has tupperware.
Colorado has adopted the FDA rules and regulations for food code (Made in 2015), along with many other states so my battle is no longer with the JUST the Colorado Board of Health, it's also with the FDA.