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 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) Compliance with all applicable federal, state, and
Page 4, Line 1local sanitation and health requirements, any standard
Page 4, Line 2operating procedures the department may issue, as well as
Page 4, Line 3policies and procedures pertaining to food allergies, in the
Page 4, Line 4identification, storage, handling, and service of redistributed
Page 4, Line 5food 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 21SECTION 2. In Colorado Revised Statutes, 25-16.5-109, amend
Page 4, Line 22(5)(a)(VI) and (5)(a)(VII); and add (2)(i) and (5)(a)(VIII) as follows:
Page 4, Line 2325-16.5-109. Colorado circular communities enterprise - fund
Page 4, Line 24- goals - grant program - personal property tax reimbursements -
Page 4, Line 25gifts, grants, or donations - legislative declaration - definitions -
Page 4, Line 26repeal. (2) Definitions. As used in this section, unless the context
Page 4, Line 27otherwise requires:
Page 5, Line 1(i) "Share table" means a station where a student may
Page 5, Line 2return whole food or beverage items that the student chooses
Page 5, Line 3not to consume. Returned food and beverage items are then
Page 5, Line 4available for redistribution to other students or local
Page 5, Line 5nonprofit organizations in compliance with federal, state, and
Page 5, Line 6local health and food safety requirements.
Page 5, Line 7(5) Circular economy promotion. (a) The enterprise shall
Page 5, Line 8promote a circular economy in the state, including waste diversion and
Page 5, Line 9aversion. In promoting a circular economy, the enterprise shall consider:
Page 5, Line 10(VI) Extending the useful life of local landfills;
andPage 5, Line 11(VII) Supporting statewide municipal waste diversion and
Page 5, Line 12aversion and waste reduction goals; and
Page 5, Line 13(VIII) Reducing food waste by incentivizing public schools
Page 5, Line 14to develop and implement effective composting or share table
Page 5, Line 15programs.
Page 5, Line 16SECTION 3. In Colorado Revised Statutes, 13-21-113, add
Page 5, Line 17(1)(b)(II.5), (1)(b)(VI), and (5) as follows:
Page 5, Line 1813-21-113. Donation of items of food - exemption from civil
Page 5, Line 19and criminal liability - definitions. (1) (b) As used in this section,
Page 5, Line 20unless the context otherwise requires:
Page 5, Line 21(II.5) "Local education provider" means:
Page 5, Line 22(A) A school district organized pursuant to article 30 of
Page 5, Line 23title 22;
Page 5, Line 24(B) A board of cooperative services created pursuant to
Page 5, Line 25article 5 of title 22;
Page 5, Line 26(C) A charter school authorized by a school district
Page 5, Line 27pursuant to part 1 of article 30.5 of title 22;
Page 6, Line 1(D) An institute charter school authorized by the state
Page 6, Line 2charter school institute pursuant to part 5 of article 30.5 of
Page 6, Line 3title 22;
Page 6, Line 4(E) An approved facility school as defined in section
Page 6, Line 522-2-402 (1); or
Page 6, Line 6(F) The Colorado school for the deaf and the blind
Page 6, Line 7described in section 22-80-102.
Page 6, Line 8(VI) "Share table" has the meaning set forth in section
Page 6, Line 922-32-152.
Page 6, Line 10(5) A designated school employee or local education
Page 6, Line 11provider that supervises the redistribution of food and beverage
Page 6, Line 12items returned to a share table pursuant to section 22-32-152 is
Page 6, Line 13not liable for damages in any civil action or subject to
Page 6, Line 14prosecution in any criminal proceeding resulting from the
Page 6, Line 15nature, age, condition, or packaging of the redistributed food or
Page 6, Line 16beverage items; except that this exemption does not apply to
Page 6, Line 17willful, wanton, or reckless acts of school personnel or local
Page 6, Line 18education providers that result in injury to recipients of
Page 6, Line 19redistributed items.
Page 6, Line 20SECTION 4. Act subject to petition - effective date. This act
Page 6, Line 21takes effect at 12:01 a.m. on the day following the expiration of the
Page 6, Line 22ninety-day period after final adjournment of the general assembly; except
Page 6, Line 23that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 6, Line 24of the state constitution against this act or an item, section, or part of this
Page 6, Line 25act within such period, then the act, item, section, or part will not take
Page 6, Line 26effect unless approved by the people at the general election to be held in
Page 7, Line 1November 2026 and, in such case, will take effect on the date of the
Page 7, Line 2official declaration of the vote thereon by the governor.