First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0655.01 Richard Sweetman x4333
HOUSE BILL 25-1166
House Committees Senate Committees
Business Affairs & Labor Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REDUCING FOOD WASTE .101
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
SENATE
3rd Reading Unamended
April 1, 2025
SENATE
2nd Reading Unamended
March 31, 2025
HOUSE
3rd Reading Unamended
February 27, 2025
HOUSE
2nd Reading Unamended
February 26, 2025
HOUSE SPONSORSHIP
Feret and Weinberg, Rydin, Stewart R., Bacon, Boesenecker, Brown, Camacho, Clifford,
Duran, English, Garcia, Hamrick, Lindsay, Mauro, McCormick, Rutinel, Sirota, Smith,
Titone, Valdez, Willford, Woodrow
SENATE SPONSORSHIP
Kipp and Cutter, Ball, Coleman, Daugherty, Exum, Jodeh, Liston, Michaelson Jenet,
Mullica, Roberts, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Update the document at least annually.
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:
! 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.
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:
! Faith-based organizations that donate food; and
! Food donations to faith-based organizations and
individuals.
The bill also clarifies that the immunity from liability applies
regardless of whether the donated food is alleged to have caused illness
or death.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-16.5-106, amend2
(2)(g) and (2)(h); and add (2)(i) as follows:3
25-16.5-106. Statewide voluntary sustainability program.4
(2) In implementing the statewide voluntary program, the department5
may:6
(g) Provide services and funding to assist small businesses; and
7
(h) At the discretion of the department, deliver additional8
sustainability services to meet business needs TO THE EXTENT FUNDING9
IS AVAILABLE, PROVIDE ANNUAL TRAINING THAT INCLUDES FOOD WASTE10
PREVENTION AND REDUCTION STRATEGIES , DEVELOP A FOOD WASTE11
REDUCTION GUIDANCE DOCUMENT , PLACE THE DOCUMENT ON THE12
DEPARTMENT'S PUBLIC WEBSITE, AND UPDATE THE DOCUMENT AT LEAST13
1166-2- ANNUALLY; AND1
(i) A
T THE DISCRETION OF THE DEPARTMENT, DELIVER ADDITIONAL2
SUSTAINABILITY SERVICES TO MEET BUSINESS NEEDS .3
SECTION 2. In Colorado Revised Statutes, amend 25-4-1616 as4
follows:5
25-4-1616. Donation and resale of safe food encouraged.6
(1) Each
Retail food establishment is ESTABLISHMENTS ARE encouraged7
to donate apparently wholesome OR RESELL SAFE food to one or more8
INDIVIDUALS, TO FAMILIES, OR TO local nonprofit organizations for9
distribution THAT DISTRIBUTE FOOD to needy or poor individuals OR10
FAMILIES, INCLUDING BY:11
(a) C
HILLING OR FREEZING SAFE FOOD TO ALLOW INDIVIDUALS12
RECEIVING ASSISTANCE FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE13
PROGRAM ESTABLISHED IN PART 3 OF ARTICLE 2 OF TITLE 26 TO PURCHASE14
PREPARED MEALS AT DISCOUNTED PRICES ; AND15
(b) A
TTEMPTING TO SELL OR DONATE SAFE FOOD THROUGH ONLINE16
APPLICATIONS THAT ARE DEDICATED TO SUCH PURPOSE .17
SECTION 3. In Colorado Revised Statutes, add 25-4-1618 as18
follows:19
25-4-1618. Grocery store labeling practices encouraged.20
(1) O
N AND AFTER JANUARY 1, 2026, GROCERY STORES ARE ENCOURAGED21
TO:22
(a) C
LEARLY DISPLAY THE INGREDIENTS OF ITEMS OF PREPARED23
FOOD; AND24
(b) U
SE "BEST IF USED OR FROZEN BY" DATES RATHER THAN "SELL25
BY" DATES UPON PREPARED ITEMS OF FOOD .26
SECTION 4. In Colorado Revised Statutes, 13-21-113, amend27
1166
-3- (1)(a), (2), and (3.5) as follows:1
13-21-113. Donation of items of food - exemption from civil2
and criminal liability - definitions. (1) (a) (I) E
XCEPT AS DESCRIBED IN3
SUBSECTION (1)(a)(II) OF THIS SECTION, THE FOLLOWING PERSONS ARE4
NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO5
PROSECUTION IN ANY CRIMINAL PROCEEDING RESULTING FROM THE6
NATURE, AGE, CONDITION, OR PACKAGING OF DONATED FOODS ,7
REGARDLESS OF WHETHER THE DONATED FOOD IS ALLEGED TO HAVE8
CAUSED ILLNESS OR DEATH:9
(A) No
A farmer, A retail food establishment, A correctional10
facility,
A school district, A hospital, A FAITH-BASED ORGANIZATION, or11
A processor, distributor, wholesaler, or retailer of food that donates items12
of food to a nonprofit organization
OR A FAITH-BASED ORGANIZATION OR13
AN INDIVIDUAL for use or distribution in providing assistance to needy or
14
poor persons nor any INDIVIDUALS; AND15
(B) A nonprofit organization in receipt of such gleaned or donated16
food who THAT transfers the food to another nonprofit organization for17
use or distribution in providing assistance to needy or poor persons is18
liable for damages in any civil action or subject to prosecution in any19
criminal proceeding resulting from the nature, age, condition, or20
packaging of the donated foods; except that this exemption INDIVIDUALS.21
(II) T
HE IMMUNITY FROM LIABILITY DESCRIBED IN SUBSECTION22
(1)(a)(I)
OF THIS SECTION does not apply to willful, wanton, or reckless23
acts of donors that result in injury
OR DEATH to recipients of donated24
foods.25
(2) Nothing in this section relieves any
A nonprofit organization26
that serves or provides food to needy persons INDIVIDUALS for their27
1166
-4- consumption from any liability for any injury OR DEATH, including but not1
limited to, injury OR DEATH resulting from ingesting donated foods, as a2
result of receiving, accepting, gathering, or removing any foods donated3
under this section; except that a nonprofit organization is not liable for4
any injury
OR DEATH caused by donated food produced pursuant to the5
"Colorado Cottage Foods Act", section 25-4-1614, C.R.S.,
unless the6
nonprofit organization acted unreasonably.7
(3.5) A farmer who allows one or more individuals to make entry8
on the farmer's property for the purpose of gleaning produce for donation9
to a nonprofit organization for use or distribution in providing assistance10
to needy or poor persons INDIVIDUALS, as described in subsection (1)(a)11
of this section, is not liable for damages in any civil action or subject to12
prosecution in any criminal proceeding resulting from an injury
OR DEATH13
to any
such individuals unless the injury OR DEATH results from a willful14
or wanton act or omission of the farmer.15
SECTION 5. Act subject to petition - effective date. This act16
takes effect at 12:01 a.m. on the day following the expiration of the17
ninety-day period after final adjournment of the general assembly; except18
that, if a referendum petition is filed pursuant to section 1 (3) of article V19
of the state constitution against this act or an item, section, or part of this20
act within such period, then the act, item, section, or part will not take21
effect unless approved by the people at the general election to be held in22
November 2026 and, in such case, will take effect on the date of the23
official declaration of the vote thereon by the governor.24
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