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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 or local
Page 3, Line 13nonprofit organizations 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 composting of raw and certain reused materials,
Page 3, Line 20including organic materials; or
Page 3, Line 21(c) Other food waste diversion or aversion initiatives.
Page 3, Line 22(3) A food waste reduction policy may address:
Page 3, Line 23(a) Allowable food and beverage redistribution practices
Page 3, Line 24for share table items, including returning items to storage for
Page 3, Line 25service to students or donating items to local nonprofit
Page 3, Line 26organizations pursuant to section 22-32-148;
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, any standard operating procedures the
Page 4, Line 3department may issue, as well as policies and procedures
Page 4, Line 4pertaining to food allergies, in the identification, storage,
Page 4, Line 5handling, and service of redistributed food and beverages;
Page 4, Line 6(c) Prohibitions on redistribution of certain food and
Page 4, Line 7beverage items, including items brought from home;
Page 4, Line 8(d) Communications with students and students' parents,
Page 4, Line 9custodians, or legal guardians about safe and effective
Page 4, Line 10participation in food waste reduction efforts; and
Page 4, Line 11(e) Training and compensation for designated school
Page 4, Line 12personnel supervising share tables, composting bins, or other
Page 4, Line 13food waste diversion and aversion initiatives.
Page 4, Line 14(4) In the design and implementation of food waste
Page 4, Line 15reduction policies, local education providers are encouraged to
Page 4, Line 16leverage student leadership, local public health agency
Page 4, Line 17expertise, or other available waste diversion and aversion
Page 4, Line 18resources, including the technical assistance and grant funding
Page 4, Line 19provided by the Colorado circular communities enterprise
Page 4, Line 20pursuant to section 25-16.5-109.
Page 4, Line 21(5) If a local education provider adopts and implements a
Page 4, Line 22food waste reduction policy pursuant to this section, the local
Page 4, Line 23education provider shall comply with all applicable sanitation
Page 4, Line 24and health requirements, including protocols to prevent
Page 4, Line 25student exposure to allergens, and shall require school
Page 4, Line 26personnel who supervise share tables or who are otherwise
Page 4, Line 27engaged in the identification, storage, handling, or service of
Page 5, Line 1redistributed food and beverages to successfully complete
Page 5, Line 2related safety training.
Page 5, Line 3SECTION 2. In Colorado Revised Statutes, 25-16.5-109, amend
Page 5, Line 4(5)(a)(VI) and (5)(a)(VII); and add (2)(i) and (5)(a)(VIII) as follows:
Page 5, Line 525-16.5-109. Colorado circular communities enterprise - fund
Page 5, Line 6- goals - grant program - personal property tax reimbursements -
Page 5, Line 7gifts, grants, or donations - legislative declaration - definitions -
Page 5, Line 8repeal. (2) Definitions. As used in this section, unless the context
Page 5, Line 9otherwise requires:
Page 5, Line 10(i) "Share table" means a station where a student may
Page 5, Line 11return whole food or beverage items that the student chooses
Page 5, Line 12not to consume. Returned food and beverage items are then
Page 5, Line 13available for redistribution to other students or local
Page 5, Line 14nonprofit organizations in compliance with federal, state, and
Page 5, Line 15local health and food safety requirements.
Page 5, Line 16(5) Circular economy promotion. (a) The enterprise shall
Page 5, Line 17promote a circular economy in the state, including waste diversion and
Page 5, Line 18aversion. In promoting a circular economy, the enterprise shall consider:
Page 5, Line 19(VI) Extending the useful life of local landfills;
andPage 5, Line 20(VII) Supporting statewide municipal waste diversion and
Page 5, Line 21aversion and waste reduction goals; and
Page 5, Line 22(VIII) Reducing food waste by incentivizing public schools
Page 5, Line 23to develop and implement effective composting or share table
Page 5, Line 24programs.
Page 5, Line 25SECTION 3. In Colorado Revised Statutes, 13-21-113, add
Page 5, Line 26(1)(b)(II.5), (1)(b)(VI), and (5) as follows:
Page 5, Line 2713-21-113. Donation of items of food - exemption from civil
Page 6, Line 1and criminal liability - definitions. (1) (b) As used in this section,
Page 6, Line 2unless the context otherwise requires:
Page 6, Line 3(II.5) "Local education provider" means:
Page 6, Line 4(A) A school district organized pursuant to article 30 of
Page 6, Line 5title 22;
Page 6, Line 6(B) A board of cooperative services created pursuant to
Page 6, Line 7article 5 of title 22;
Page 6, Line 8(C) A charter school authorized by a school district
Page 6, Line 9pursuant to part 1 of article 30.5 of title 22;
Page 6, Line 10(D) An institute charter school authorized by the state
Page 6, Line 11charter school institute pursuant to part 5 of article 30.5 of
Page 6, Line 12title 22;
Page 6, Line 13(E) An approved facility school as defined in section
Page 6, Line 1422-2-402 (1); or
Page 6, Line 15(F) The Colorado school for the deaf and the blind
Page 6, Line 16described in section 22-80-102.
Page 6, Line 17(VI) "Share table" has the meaning set forth in section
Page 6, Line 1822-32-152.
Page 6, Line 19(5) A designated school employee or local education
Page 6, Line 20provider that supervises the redistribution of food and beverage
Page 6, Line 21items returned to a share table pursuant to section 22-32-152 is
Page 6, Line 22not liable for damages in any civil action or subject to
Page 6, Line 23prosecution in any criminal proceeding resulting from the
Page 6, Line 24nature, age, condition, or packaging of the redistributed food or
Page 6, Line 25beverage items; except that this exemption does not apply to
Page 6, Line 26willful, wanton, or reckless acts of school personnel or local
Page 6, Line 27education providers, including disregard for applicable
Page 7, Line 1sanitation and health requirements or protocols to prevent
Page 7, Line 2exposure to allergens, that result in injury to recipients of
Page 7, Line 3redistributed items.
Page 7, Line 4SECTION 4. Act subject to petition - effective date. This act
Page 7, Line 5takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 6ninety-day period after final adjournment of the general assembly; except
Page 7, Line 7that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 8of the state constitution against this act or an item, section, or part of this
Page 7, Line 9act within such period, then the act, item, section, or part will not take
Page 7, Line 10effect unless approved by the people at the general election to be held in
Page 7, Line 11November 2026 and, in such case, will take effect on the date of the
Page 7, Line 12official declaration of the vote thereon by the governor.