HOUSE BILL 25-1166
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Kipp and Cutter, Ball, Daugherty, Exum, Jodeh, Liston,
Michaelson Jenet, Mullica, Roberts, Winter F., Coleman.
C
ONCERNING REDUCING FOOD WASTE .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-16.5-106, amend
(2)(g) and (2)(h); and add (2)(i) as follows:
25-16.5-106. Statewide voluntary sustainability program. (2) In
implementing the statewide voluntary program, the department may:
(g) Provide services and funding to assist small businesses; and
(h) At the discretion of the department, deliver additional
sustainability services to meet business needs TO THE EXTENT FUNDING IS
AVAILABLE
, PROVIDE ANNUAL TRAINING THAT INCLUDES FOOD WASTE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. PREVENTION AND REDUCTION STRATEGIES , DEVELOP A FOOD WASTE
REDUCTION GUIDANCE DOCUMENT
, PLACE THE DOCUMENT ON THE
DEPARTMENT
'S PUBLIC WEBSITE, AND UPDATE THE DOCUMENT AT LEAST
ANNUALLY
; AND
(i) AT THE DISCRETION OF THE DEPARTMENT , DELIVER ADDITIONAL
SUSTAINABILITY SERVICES TO MEET BUSINESS NEEDS
.
SECTION 2. In Colorado Revised Statutes, amend 25-4-1616 as
follows:
25-4-1616. Donation and resale of safe food encouraged.
(1) Each
Retail food establishment is ESTABLISHMENTS ARE encouraged to
donate apparently wholesome OR RESELL SAFE food to one or more
INDIVIDUALS, TO FAMILIES, OR TO local nonprofit organizations for
distribution THAT DISTRIBUTE FOOD to needy or poor individuals OR
FAMILIES
, INCLUDING BY:
(a) C
HILLING OR FREEZING SAFE FOOD TO ALLOW INDIVIDUALS
RECEIVING ASSISTANCE FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM ESTABLISHED IN PART
3 OF ARTICLE 2 OF TITLE 26 TO PURCHASE
PREPARED MEALS AT DISCOUNTED PRICES
; AND
(b) ATTEMPTING TO SELL OR DONATE SAFE FOOD THROUGH ONLINE
APPLICATIONS THAT ARE DEDICATED TO SUCH PURPOSE
.
SECTION 3. In Colorado Revised Statutes, add 25-4-1618 as
follows:
25-4-1618. Grocery store labeling practices encouraged. (1) O
N
AND AFTER
JANUARY 1, 2026, GROCERY STORES ARE ENCOURAGED TO :
(a) C
LEARLY DISPLAY THE INGREDIENTS OF ITEMS OF PREPARED
FOOD
; AND
(b) USE "BEST IF USED OR FROZEN BY" DATES RATHER THAN "SELL
BY
" DATES UPON PREPARED ITEMS OF FOOD .
SECTION 4. In Colorado Revised Statutes, 13-21-113, amend
(1)(a), (2), and (3.5) as follows:
PAGE 2-HOUSE BILL 25-1166 13-21-113. Donation of items of food - exemption from civil and
criminal liability - definitions. (1) (a) (I) E
XCEPT AS DESCRIBED IN
SUBSECTION
(1)(a)(II) OF THIS SECTION, THE FOLLOWING PERSONS ARE NOT
LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO PROSECUTION IN
ANY CRIMINAL PROCEEDING RESULTING FROM THE NATURE
, AGE, CONDITION,
OR PACKAGING OF DONATED FOODS , REGARDLESS OF WHETHER THE
DONATED FOOD IS ALLEGED TO HAVE CAUSED ILLNESS OR DEATH
:
(A) No
A farmer, A retail food establishment, A correctional facility,
A school district, A hospital, A FAITH-BASED ORGANIZATION, or A processor,
distributor, wholesaler, or retailer of food that donates items of food to a
nonprofit organization
OR A FAITH-BASED ORGANIZATION OR AN INDIVIDUAL
for use or distribution in providing assistance to needy or poor persons nor
any INDIVIDUALS; AND
(B) A nonprofit organization in receipt of such gleaned or donated
food who THAT transfers the food to another nonprofit organization for use
or distribution in providing assistance to needy or poor persons is liable for
damages in any civil action or subject to prosecution in any criminal
proceeding resulting from the nature, age, condition, or packaging of the
donated foods; except that this exemption INDIVIDUALS.
(II) T
HE IMMUNITY FROM LIABILITY DESCRIBED IN SUBSECTION
(1)(a)(I) OF THIS SECTION does not apply to willful, wanton, or reckless acts
of donors that result in injury
OR DEATH to recipients of donated foods.
(2) Nothing in this section relieves any
A nonprofit organization that
serves or provides food to needy persons INDIVIDUALS for their
consumption from any liability for any injury OR DEATH, including but not
limited to, injury OR DEATH resulting from ingesting donated foods, as a
result of receiving, accepting, gathering, or removing any foods donated
under this section; except that a nonprofit organization is not liable for any
injury
OR DEATH caused by donated food produced pursuant to the
"Colorado Cottage Foods Act", section 25-4-1614, C.R.S.,
unless the
nonprofit organization acted unreasonably.
(3.5) A farmer who allows one or more individuals to make entry on
the farmer's property for the purpose of gleaning produce for donation to a
nonprofit organization for use or distribution in providing assistance to
needy or poor persons
INDIVIDUALS, as described in subsection (1)(a) of this
PAGE 3-HOUSE BILL 25-1166 section, is not liable for damages in any civil action or subject to
prosecution in any criminal proceeding resulting from an injury
OR DEATH
to any
such individuals unless the injury OR DEATH results from a willful or
wanton act or omission of the farmer.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-HOUSE BILL 25-1166 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 25-1166