House Bill 25-1166 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning reducing food waste.

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.)

The bill requires the department of public health and environment (department), to the extent that funding is available as part of the department's green business network, to:

• Provide annual training that includes food waste prevention and reduction strategies;
• Develop a food waste reduction guidance document (document);
• Place the document on the department's public website; and
• Update the document at least annually.
• Clearly display the ingredients of items of prepared food; and
• Use "best if used or frozen by" dates rather than "sell by" dates upon prepared items of food.
• Faith-based organizations that donate food; and
• Food donations to faith-based organizations and individuals.

The bill suggests means by which retail food establishments may donate or resell safe food.

The bill states that, on and after January 1, 2026, grocery stores are encouraged to:

Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The bill extends this immunity to apply to:

The bill also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 25-16.5-106, amend (2)(g) and (2)(h); and add (2)(i) as follows:

• Page 2, Line 325-16.5-106.  Statewide voluntary sustainability program.

• Page 2, Line 4(2)  In implementing the statewide voluntary program, the department may:

• Page 2, Line 5(g)  Provide services and funding to assist small businesses; and

• Page 2, Line 6(h)  At the discretion of the department, deliver additional

• Page 2, Line 7sustainability services to meet business needs To the extent funding

• Page 2, Line 8is available, provide annual training that includes food waste

• Page 2, Line 9prevention and reduction strategies, develop a food waste

• Page 2, Line 10reduction guidance document, place the document on the

• Page 2, Line 11department's public website, and update the document at least annually; and

• Page 3, Line 1(i)  At the discretion of the department, deliver additional sustainability services to meet business needs.

• Page 3, Line 2SECTION 2.  In Colorado Revised Statutes, amend 25-4-1616 as follows:

• Page 3, Line 325-4-1616.  Donation and resale of safe food encouraged.

• Page 3, Line 4(1)  Each Retail food establishment is establishments are encouraged

• Page 3, Line 5to donate apparently wholesome or resell safe food to one or more

• Page 3, Line 6individuals, to families, or to local nonprofit organizations for

• Page 3, Line 7distribution that distribute food to needy or poor individuals or families, including by:

• Page 3, Line 8(a)  Chilling or freezing safe food to allow individuals

• Page 3, Line 9receiving assistance from the supplemental nutrition assistance

• Page 3, Line 10program established in part 3 of article 2 of title 26 to purchase prepared meals at discounted prices; and

• Page 3, Line 11(b)  Attempting to sell or donate safe food through online applications that are dedicated to such purpose.

• Page 3, Line 12SECTION 3.  In Colorado Revised Statutes, add 25-4-1618 as follows:

• Page 3, Line 1325-4-1618.  Grocery store labeling practices encouraged.

• Page 3, Line 14(1)  On and after January 1, 2026, grocery stores are encouraged to:

• Page 3, Line 15(a)  Clearly display the ingredients of items of prepared food; and

• Page 3, Line 16(b)  Use "best if used or frozen by" dates rather than "sell by" dates upon prepared items of food.

• Page 3, Line 17SECTION 4.  In Colorado Revised Statutes, 13-21-113, amend (1)(a), (2), and (3.5) as follows:

• Page 4, Line 113-21-113.  Donation of items of food - exemption from civil

• Page 4, Line 2and criminal liability - definitions. (1) (a) (I)  Except as described in

• Page 4, Line 3subsection (1)(a)(II) of this section, the following persons are

• Page 4, Line 4not liable for damages in any civil action or subject to

• Page 4, Line 5prosecution in any criminal proceeding resulting from the

• Page 4, Line 6nature, age, condition, or packaging of donated foods,

• Page 4, Line 7regardless of whether the donated food is alleged to have caused illness or death:

• Page 4, Line 8(A)  No A farmer, a retail food establishment, a correctional

• Page 4, Line 9facility, a school district, a hospital, a faith-based organization, or

• Page 4, Line 10a processor, distributor, wholesaler, or retailer of food that donates items

• Page 4, Line 11of food to a nonprofit organization or a faith-based organization or

• Page 4, Line 12an individual for use or distribution in providing assistance to needy or poor persons nor any individuals; and

• Page 4, Line 13(B)  A nonprofit organization in receipt of such gleaned or donated

• Page 4, Line 14food who that transfers the food to another nonprofit organization for

• Page 4, Line 15use or distribution in providing assistance to needy or poor persons is

• Page 4, Line 16liable for damages in any civil action or subject to prosecution in any

• Page 4, Line 17criminal proceeding resulting from the nature, age, condition, or packaging of the donated foods; except that this exemption individuals.

• Page 4, Line 18(II)  The immunity from liability described in subsection

• Page 4, Line 19(1)(a)(I) of this section does not apply to willful, wanton, or reckless

• Page 4, Line 20acts of donors that result in injury or death to recipients of donated foods.

• Page 4, Line 21(2)  Nothing in this section relieves any a nonprofit organization

• Page 4, Line 22that serves or provides food to needy persons individuals for their

• Page 5, Line 1consumption from any liability for any injury or death, including but not

• Page 5, Line 2limited to, injury or death resulting from ingesting donated foods, as a

• Page 5, Line 3result of receiving, accepting, gathering, or removing any foods donated

• Page 5, Line 4under this section; except that a nonprofit organization is not liable for

• Page 5, Line 5any injury or death caused by donated food produced pursuant to the

• Page 5, Line 6"Colorado Cottage Foods Act", section 25-4-1614, C.R.S., unless the nonprofit organization acted unreasonably.

• Page 5, Line 7(3.5)  A farmer who allows one or more individuals to make entry

• Page 5, Line 8on the farmer's property for the purpose of gleaning produce for donation

• Page 5, Line 9to a nonprofit organization for use or distribution in providing assistance

• Page 5, Line 10to needy or poor persons individuals, as described in subsection (1)(a)

• Page 5, Line 11of this section, is not liable for damages in any civil action or subject to

• Page 5, Line 12prosecution in any criminal proceeding resulting from an injury or death

• Page 5, Line 13to any such individuals unless the injury or death results from a willful or wanton act or omission of the farmer.

• Page 5, Line 14SECTION 5.  Act subject to petition - effective date. This act

• Page 5, Line 15takes effect at 12:01 a.m. on the day following the expiration of the

• Page 5, Line 16ninety-day period after final adjournment of the general assembly; except

• Page 5, Line 17that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 5, Line 18of the state constitution against this act or an item, section, or part of this

• Page 5, Line 19act within such period, then the act, item, section, or part will not take

• Page 5, Line 20effect unless approved by the people at the general election to be held in

• Page 5, Line 21November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.