A Bill for an Act
Page 1, Line 101Concerning reducing food waste in schools.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Representative Hugh McKean Colorado Youth Advisory Council Review Committee. The bill encourages each local education provider to adopt a policy to reduce food waste in school cafeterias and food preparation facilities (policy). The policy may address food waste diversion and aversion initiatives, including composting and share tables that permit students to return whole food or beverage items for redistribution to other students or donation to local nonprofits. The policy may address permissible food and beverage redistribution practices, food safety measures, communications with students and parents about food waste reduction efforts, and training and compensation for school personnel supervising the local education provider's implementation of the policy.
Current law establishes the Colorado circular communities enterprise (enterprise) to award grants and other funding and to provide technical assistance to certain entities throughout the state, including local governments, nonprofit and for-profit businesses, public and private schools, and institutions of higher education, that pursue a circular economy for waste management, including waste diversion and aversion. The bill requires the enterprise to consider reducing food waste by incentivizing public schools to develop and implement effective composting or share table programs.
The bill extends limited immunity from civil and criminal liability to school personnel and local education providers that supervise food and beverage redistribution pursuant to policies that include share tables.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 22-32-152 as
Page 2, Line 3follows:
Page 2, Line 422-32-152. Food waste reduction encouraged - definitions.
Page 2, Line 5(1) As used in this section, unless the context otherwise
Page 2, Line 6requires:
Page 2, Line 7(a) "Department" means the department of education
Page 2, Line 8created in section 24-1-115.
Page 2, Line 9(b) "Local education provider" means:
Page 2, Line 10(I) A school district organized pursuant to article 30 of
Page 2, Line 11this title 22;
Page 2, Line 12(II) A board of cooperative services created pursuant to
Page 2, Line 13article 5 of this title 22;
Page 2, Line 14(III) A charter school authorized by a school district
Page 2, Line 15pursuant to part 1 of article 30.5 of this title 22;
Page 2, Line 16(IV) An institute charter school authorized by the state
Page 3, Line 1charter school institute pursuant to part 5 of article 30.5 of
Page 3, Line 2this title 22;
Page 3, Line 3(V) An approved facility school as defined in section
Page 3, Line 422-2-402 (1); or
Page 3, Line 5(VI) The Colorado school for the deaf and the blind
Page 3, Line 6described in section 22-80-102.
Page 3, Line 7(c) "Organic materials" has the same meaning set forth in
Page 3, Line 8section 25-17-901.
Page 3, Line 9(d) "Share table" means a station where a student may
Page 3, Line 10return whole food or beverage items that the student chooses
Page 3, Line 11not to consume. Returned food and beverage items are then
Page 3, Line 12available for redistribution to other students as necessary to
Page 3, Line 13prevent food waste and in compliance with federal, state, and
Page 3, Line 14local health and food safety requirements.
Page 3, Line 15(2) A local education provider is encouraged to adopt a
Page 3, Line 16policy to reduce food waste in school cafeterias and meal
Page 3, Line 17preparation facilities that includes:
Page 3, Line 18(a) The management of share tables;
Page 3, Line 19(b) The donation of excess food items to local nonprofit
Page 3, Line 20organizations pursuant to section 22-32-148;
Page 3, Line 21(c) The composting of raw and certain reused materials,
Page 3, Line 22including organic materials; or
Page 3, Line 23(d) Other food waste diversion or aversion initiatives.
Page 3, Line 24(3) A food waste reduction policy may address:
Page 3, Line 25(a) Allowable food and beverage redistribution practices
Page 3, Line 26for share table items.
Page 3, Line 27(b) Specific measures to assure compliance with all
Page 4, Line 1applicable federal, state, and local sanitation and health
Page 4, Line 2requirements, applicable federal child nutrition program
Page 4, Line 3requirements regarding meal reimbursements and prohibitions
Page 4, Line 4on returning share table items to kitchen inventories, any
Page 4, Line 5standard operating procedures the department may issue, as
Page 4, Line 6well as policies and procedures pertaining to food allergies, in
Page 4, Line 7the identification, storage, handling, and service of
Page 4, Line 8redistributed food and beverages;
Page 4, Line 9(c) Prohibitions on redistribution of certain food and
Page 4, Line 10beverage items, including items brought from home;
Page 4, Line 11(d) Communications with students and students' parents,
Page 4, Line 12custodians, or legal guardians about safe and effective
Page 4, Line 13participation in food waste reduction efforts; and
Page 4, Line 14(e) Training and compensation for designated school
Page 4, Line 15personnel supervising share tables, composting bins, or other
Page 4, Line 16food waste diversion and aversion initiatives.
Page 4, Line 17(4) In the design and implementation of food waste
Page 4, Line 18reduction policies, local education providers are encouraged to
Page 4, Line 19leverage student leadership, local public health agency
Page 4, Line 20expertise, or other available waste diversion and aversion
Page 4, Line 21resources, including the technical assistance and grant funding
Page 4, Line 22provided by the Colorado circular communities enterprise
Page 4, Line 23pursuant to section 25-16.5-109.
Page 4, Line 24(5) If a local education provider adopts and implements a
Page 4, Line 25food waste reduction policy pursuant to this section, the local
Page 4, Line 26education provider shall comply with all applicable sanitation
Page 4, Line 27and health requirements,including local health department
Page 5, Line 1guidelines for food redistribution, andincluding protocols to
Page 5, Line 2prevent student exposure to allergens, and shall require
Page 5, Line 3school personnel who supervise share tables or who are
Page 5, Line 4otherwise engaged in the identification, storage, handling, or
Page 5, Line 5service of redistributed food and beverages to successfully
Page 5, Line 6complete related safety training.
Page 5, Line 7(6) This section does not alter or negate any rights,
Page 5, Line 8obligations, or immunities of a local education provider
Page 5, Line 9pursuant to the federal "Richard B. Russell National School
Page 5, Line 10Lunch Act", 42 U.S.C. sec. 1751 et seq., and shall otherwise be
Page 5, Line 11construed in a manner consistent with federal law.
Page 5, Line 12SECTION 2. In Colorado Revised Statutes, 25-16.5-109, amend
Page 5, Line 13(5)(a)(VI) and (5)(a)(VII); and add (2)(i) and (5)(a)(VIII) as follows:
Page 5, Line 1425-16.5-109. Colorado circular communities enterprise - fund
Page 5, Line 15- goals - grant program - personal property tax reimbursements -
Page 5, Line 16gifts, grants, or donations - legislative declaration - definitions -
Page 5, Line 17repeal. (2) Definitions. As used in this section, unless the context
Page 5, Line 18otherwise requires:
Page 5, Line 19(i) "Share table" means a station where a student may
Page 5, Line 20return whole food or beverage items that the student chooses
Page 5, Line 21not to consume. Returned food and beverage items are then
Page 5, Line 22available for redistribution to other students as necessary to
Page 5, Line 23prevent food waste and in compliance with federal, state, and
Page 5, Line 24local health and food safety requirements.
Page 5, Line 25(5) Circular economy promotion. (a) The enterprise shall
Page 5, Line 26promote a circular economy in the state, including waste diversion and
Page 5, Line 27aversion. In promoting a circular economy, the enterprise shall consider:
Page 6, Line 1(VI) Extending the useful life of local landfills;
andPage 6, Line 2(VII) Supporting statewide municipal waste diversion and
Page 6, Line 3aversion and waste reduction goals; and
Page 6, Line 4(VIII) Reducing food waste by incentivizing public schools
Page 6, Line 5to develop and implement effective composting, excess food
Page 6, Line 6donation, or share table programs.
Page 6, Line 7SECTION 3. In Colorado Revised Statutes, 13-21-113, add
Page 6, Line 8(1)(b)(II.5), (1)(b)(VI), and (5) as follows:
Page 6, Line 913-21-113. Donation of items of food - exemption from civil
Page 6, Line 10and criminal liability - definitions. (1) (b) As used in this section,
Page 6, Line 11unless the context otherwise requires:
Page 6, Line 12(II.5) "Local education provider" means:
Page 6, Line 13(A) A school district organized pursuant to article 30 of
Page 6, Line 14title 22;
Page 6, Line 15(B) A board of cooperative services created pursuant to
Page 6, Line 16article 5 of title 22;
Page 6, Line 17(C) A charter school authorized by a school district
Page 6, Line 18pursuant to part 1 of article 30.5 of title 22;
Page 6, Line 19(D) An institute charter school authorized by the state
Page 6, Line 20charter school institute pursuant to part 5 of article 30.5 of
Page 6, Line 21title 22;
Page 6, Line 22(E) An approved facility school as defined in section
Page 6, Line 2322-2-402 (1); or
Page 6, Line 24(F) The Colorado school for the deaf and the blind
Page 6, Line 25described in section 22-80-102.
Page 6, Line 26(VI) "Share table" has the meaning set forth in section
Page 6, Line 2722-32-152.
Page 7, Line 1(5) A designated school employee or local education
Page 7, Line 2provider that supervises the redistribution of food and beverage
Page 7, Line 3items returned to a share table pursuant to section 22-32-152 is
Page 7, Line 4not liable for damages in any civil action or subject to
Page 7, Line 5prosecution in any criminal proceeding resulting from the
Page 7, Line 6nature, age, condition, or packaging of the redistributed food or
Page 7, Line 7beverage items; except that this exemption does not apply to
Page 7, Line 8willful, wanton, or reckless acts of school personnel or local
Page 7, Line 9education providers, including disregard for applicable
Page 7, Line 10sanitation and health requirements or protocols to prevent
Page 7, Line 11exposure to allergens, that result in injury to recipients of
Page 7, Line 12redistributed items.
Page 7, Line 13SECTION 4. Act subject to petition - effective date. This act
Page 7, Line 14takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 15ninety-day period after final adjournment of the general assembly; except
Page 7, Line 16that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 17of the state constitution against this act or an item, section, or part of this
Page 7, Line 18act within such period, then the act, item, section, or part will not take
Page 7, Line 19effect unless approved by the people at the general election to be held in
Page 7, Line 20November 2026 and, in such case, will take effect on the date of the
Page 7, Line 21official declaration of the vote thereon by the governor.