Colorado 2025 Regular Session

Colorado House Bill HB1166 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0655.01 Richard Sweetman x4333
1	8		HOUSE BILL 25-1166
2		-	BY REPRESENTATIVE(S) Feret and Weinberg, Rydin, Stewart R.,
3		-	Bacon, Boesenecker, Brown, Camacho, Clifford, Duran, English, Garcia,
4		-	Hamrick, Lindsay, Mauro, McCormick, Rutinel, Sirota, Smith, Titone,
5		-	Valdez, Willford, Woodrow;
6		-	also SENATOR(S) Kipp and Cutter, Ball, Daugherty, Exum, Jodeh, Liston,
7		-	Michaelson Jenet, Mullica, Roberts, Winter F., Coleman.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Health & Human Services
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING REDUCING FOOD WASTE .
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 25-16.5-106, amend
13		-	(2)(g) and (2)(h); and add (2)(i) as follows:
14		-	25-16.5-106. Statewide voluntary sustainability program. (2) In
15		-	implementing the statewide voluntary program, the department may:
	13	+	ONCERNING REDUCING FOOD WASTE .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	The bill requires the department of public health and environment
	22	+	(department), to the extent that funding is available as part of the
	23	+	department's green business network, to:
	24	+	! Provide annual training that includes food waste prevention
	25	+	and reduction strategies;
	26	+	! Develop a food waste reduction guidance document
	27	+	(document);
	28	+	! Place the document on the department's public website; and
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 1, 2025
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	March 31, 2025
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	February 27, 2025
	38	+	HOUSE
	39	+	2nd Reading Unamended
	40	+	February 26, 2025
	41	+	HOUSE SPONSORSHIP
	42	+	Feret and Weinberg, Rydin, Stewart R., Bacon, Boesenecker, Brown, Camacho, Clifford,
	43	+	Duran, English, Garcia, Hamrick, Lindsay, Mauro, McCormick, Rutinel, Sirota, Smith,
	44	+	Titone, Valdez, Willford, Woodrow
	45	+	SENATE SPONSORSHIP
	46	+	Kipp and Cutter, Ball, Coleman, Daugherty, Exum, Jodeh, Liston, Michaelson Jenet,
	47	+	Mullica, Roberts, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. ! Update the document at least annually.
	51	+	The bill suggests means by which retail food establishments may
	52	+	donate or resell safe food.
	53	+	The bill states that, on and after January 1, 2026, grocery stores are
	54	+	encouraged to:
	55	+	! Clearly display the ingredients of items of prepared food;
	56	+	and
	57	+	! Use "best if used or frozen by" dates rather than "sell by"
	58	+	dates upon prepared items of food.
	59	+	Current law provides civil and criminal immunity to a farmer,
	60	+	retail food establishment, correctional facility, school district, hospital, or
	61	+	processor, distributor, wholesaler, or retailer of food that donates items
	62	+	of food to a nonprofit organization for use or distribution in providing
	63	+	assistance to individuals in need. The bill extends this immunity to apply
	64	+	to:
	65	+	! Faith-based organizations that donate food; and
	66	+	! Food donations to faith-based organizations and
	67	+	individuals.
	68	+	The bill also clarifies that the immunity from liability applies
	69	+	regardless of whether the donated food is alleged to have caused illness
	70	+	or death.
	71	+	Be it enacted by the General Assembly of the State of Colorado:1
	72	+	SECTION 1. In Colorado Revised Statutes, 25-16.5-106, amend2
	73	+	(2)(g) and (2)(h); and add (2)(i) as follows:3
	74	+	25-16.5-106. Statewide voluntary sustainability program.4
	75	+	(2) In implementing the statewide voluntary program, the department5
	76	+	may:6
16	77		(g) Provide services and funding to assist small businesses; and
17		-	(h) At the discretion of the department, deliver additional
18		-	sustainability services to meet business needs TO THE EXTENT FUNDING IS
19		-	AVAILABLE
20		-	, PROVIDE ANNUAL TRAINING THAT INCLUDES FOOD WASTE
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. PREVENTION AND REDUCTION STRATEGIES , DEVELOP A FOOD WASTE
29		-	REDUCTION GUIDANCE DOCUMENT
30		-	, PLACE THE DOCUMENT ON THE
31		-	DEPARTMENT
32		-	'S PUBLIC WEBSITE, AND UPDATE THE DOCUMENT AT LEAST
33		-	ANNUALLY
34		-	; AND
35		-	(i) AT THE DISCRETION OF THE DEPARTMENT , DELIVER ADDITIONAL
36		-	SUSTAINABILITY SERVICES TO MEET BUSINESS NEEDS
37		-	.
38		-	SECTION 2. In Colorado Revised Statutes, amend 25-4-1616 as
39		-	follows:
40		-	25-4-1616. Donation and resale of safe food encouraged.
	78	+	7
	79	+	(h) At the discretion of the department, deliver additional8
	80	+	sustainability services to meet business needs TO THE EXTENT FUNDING9
	81	+	IS AVAILABLE, PROVIDE ANNUAL TRAINING THAT INCLUDES FOOD WASTE10
	82	+	PREVENTION AND REDUCTION STRATEGIES , DEVELOP A FOOD WASTE11
	83	+	REDUCTION GUIDANCE DOCUMENT , PLACE THE DOCUMENT ON THE12
	84	+	DEPARTMENT'S PUBLIC WEBSITE, AND UPDATE THE DOCUMENT AT LEAST13
	85	+	1166-2- ANNUALLY; AND1
	86	+	(i) A
	87	+	T THE DISCRETION OF THE DEPARTMENT, DELIVER ADDITIONAL2
	88	+	SUSTAINABILITY SERVICES TO MEET BUSINESS NEEDS .3
	89	+	SECTION 2. In Colorado Revised Statutes, amend 25-4-1616 as4
	90	+	follows:5
	91	+	25-4-1616. Donation and resale of safe food encouraged.6
41	92		(1) Each
42		-	Retail food establishment is ESTABLISHMENTS ARE encouraged to
43		-	donate apparently wholesome OR RESELL SAFE food to one or more
44		-	INDIVIDUALS, TO FAMILIES, OR TO local nonprofit organizations for
45		-	distribution THAT DISTRIBUTE FOOD to needy or poor individuals OR
46		-	FAMILIES
47		-	, INCLUDING BY:
	93	+	Retail food establishment is ESTABLISHMENTS ARE encouraged7
	94	+	to donate apparently wholesome OR RESELL SAFE food to one or more8
	95	+	INDIVIDUALS, TO FAMILIES, OR TO local nonprofit organizations for9
	96	+	distribution THAT DISTRIBUTE FOOD to needy or poor individuals OR10
	97	+	FAMILIES, INCLUDING BY:11
48	98		(a) C
49		-	HILLING OR FREEZING SAFE FOOD TO ALLOW INDIVIDUALS
50		-	RECEIVING ASSISTANCE FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE
51		-	PROGRAM ESTABLISHED IN PART
52		-	3 OF ARTICLE 2 OF TITLE 26 TO PURCHASE
53		-	PREPARED MEALS AT DISCOUNTED PRICES
54		-	; AND
55		-	(b) ATTEMPTING TO SELL OR DONATE SAFE FOOD THROUGH ONLINE
56		-	APPLICATIONS THAT ARE DEDICATED TO SUCH PURPOSE
57		-	.
58		-	SECTION 3. In Colorado Revised Statutes, add 25-4-1618 as
59		-	follows:
60		-	25-4-1618. Grocery store labeling practices encouraged. (1) O
61		-	N
62		-	AND AFTER
63		-	JANUARY 1, 2026, GROCERY STORES ARE ENCOURAGED TO :
	99	+	HILLING OR FREEZING SAFE FOOD TO ALLOW INDIVIDUALS12
	100	+	RECEIVING ASSISTANCE FROM THE SUPPLEMENTAL NUTRITION ASSISTANCE13
	101	+	PROGRAM ESTABLISHED IN PART 3 OF ARTICLE 2 OF TITLE 26 TO PURCHASE14
	102	+	PREPARED MEALS AT DISCOUNTED PRICES ; AND15
	103	+	(b) A
	104	+	TTEMPTING TO SELL OR DONATE SAFE FOOD THROUGH ONLINE16
	105	+	APPLICATIONS THAT ARE DEDICATED TO SUCH PURPOSE .17
	106	+	SECTION 3. In Colorado Revised Statutes, add 25-4-1618 as18
	107	+	follows:19
	108	+	25-4-1618. Grocery store labeling practices encouraged.20
	109	+	(1) O
	110	+	N AND AFTER JANUARY 1, 2026, GROCERY STORES ARE ENCOURAGED21
	111	+	TO:22
64	112		(a) C
65		-	LEARLY DISPLAY THE INGREDIENTS OF ITEMS OF PREPARED
66		-	FOOD
67		-	; AND
68		-	(b) USE "BEST IF USED OR FROZEN BY" DATES RATHER THAN "SELL
69		-	BY
70		-	" DATES UPON PREPARED ITEMS OF FOOD .
71		-	SECTION 4. In Colorado Revised Statutes, 13-21-113, amend
72		-	(1)(a), (2), and (3.5) as follows:
73		-	PAGE 2-HOUSE BILL 25-1166 13-21-113. Donation of items of food - exemption from civil and
74		-	criminal liability - definitions. (1) (a) (I) E
75		-	XCEPT AS DESCRIBED IN
76		-	SUBSECTION
77		-	(1)(a)(II) OF THIS SECTION, THE FOLLOWING PERSONS ARE NOT
78		-	LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO PROSECUTION IN
79		-	ANY CRIMINAL PROCEEDING RESULTING FROM THE NATURE
80		-	, AGE, CONDITION,
81		-	OR PACKAGING OF DONATED FOODS , REGARDLESS OF WHETHER THE
82		-	DONATED FOOD IS ALLEGED TO HAVE CAUSED ILLNESS OR DEATH
83		-	:
	113	+	LEARLY DISPLAY THE INGREDIENTS OF ITEMS OF PREPARED23
	114	+	FOOD; AND24
	115	+	(b) U
	116	+	SE "BEST IF USED OR FROZEN BY" DATES RATHER THAN "SELL25
	117	+	BY" DATES UPON PREPARED ITEMS OF FOOD .26
	118	+	SECTION 4. In Colorado Revised Statutes, 13-21-113, amend27
	119	+	1166
	120	+	-3- (1)(a), (2), and (3.5) as follows:1
	121	+	13-21-113. Donation of items of food - exemption from civil2
	122	+	and criminal liability - definitions. (1) (a) (I) E
	123	+	XCEPT AS DESCRIBED IN3
	124	+	SUBSECTION (1)(a)(II) OF THIS SECTION, THE FOLLOWING PERSONS ARE4
	125	+	NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION OR SUBJECT TO5
	126	+	PROSECUTION IN ANY CRIMINAL PROCEEDING RESULTING FROM THE6
	127	+	NATURE, AGE, CONDITION, OR PACKAGING OF DONATED FOODS ,7
	128	+	REGARDLESS OF WHETHER THE DONATED FOOD IS ALLEGED TO HAVE8
	129	+	CAUSED ILLNESS OR DEATH:9
84	130		(A) No
85		-	A farmer, A retail food establishment, A correctional facility,
86		-	A school district, A hospital, A FAITH-BASED ORGANIZATION, or A processor,
87		-	distributor, wholesaler, or retailer of food that donates items of food to a
88		-	nonprofit organization
89		-	OR A FAITH-BASED ORGANIZATION OR AN INDIVIDUAL
90		-	for use or distribution in providing assistance to needy or poor persons nor
91		-	any INDIVIDUALS; AND
92		-	(B) A nonprofit organization in receipt of such gleaned or donated
93		-	food who THAT transfers the food to another nonprofit organization for use
94		-	or distribution in providing assistance to needy or poor persons is liable for
95		-	damages in any civil action or subject to prosecution in any criminal
96		-	proceeding resulting from the nature, age, condition, or packaging of the
97		-	donated foods; except that this exemption INDIVIDUALS.
	131	+	A farmer, A retail food establishment, A correctional10
	132	+	facility,
	133	+	A school district, A hospital, A FAITH-BASED ORGANIZATION, or11
	134	+	A processor, distributor, wholesaler, or retailer of food that donates items12
	135	+	of food to a nonprofit organization
	136	+	OR A FAITH-BASED ORGANIZATION OR13
	137	+	AN INDIVIDUAL for use or distribution in providing assistance to needy or
	138	+	14
	139	+	poor persons nor any INDIVIDUALS; AND15
	140	+	(B) A nonprofit organization in receipt of such gleaned or donated16
	141	+	food who THAT transfers the food to another nonprofit organization for17
	142	+	use or distribution in providing assistance to needy or poor persons is18
	143	+	liable for damages in any civil action or subject to prosecution in any19
	144	+	criminal proceeding resulting from the nature, age, condition, or20
	145	+	packaging of the donated foods; except that this exemption INDIVIDUALS.21
98	146		(II) T
99		-	HE IMMUNITY FROM LIABILITY DESCRIBED IN SUBSECTION
100		-	(1)(a)(I) OF THIS SECTION does not apply to willful, wanton, or reckless acts
101		-	of donors that result in injury
102		-	OR DEATH to recipients of donated foods.
	147	+	HE IMMUNITY FROM LIABILITY DESCRIBED IN SUBSECTION22
	148	+	(1)(a)(I)
	149	+	OF THIS SECTION does not apply to willful, wanton, or reckless23
	150	+	acts of donors that result in injury
	151	+	OR DEATH to recipients of donated24
	152	+	foods.25
103	153		(2) Nothing in this section relieves any
104		-	A nonprofit organization that
105		-	serves or provides food to needy persons INDIVIDUALS for their
106		-	consumption from any liability for any injury OR DEATH, including but not
107		-	limited to, injury OR DEATH resulting from ingesting donated foods, as a
108		-	result of receiving, accepting, gathering, or removing any foods donated
109		-	under this section; except that a nonprofit organization is not liable for any
110		-	injury
111		-	OR DEATH caused by donated food produced pursuant to the
	154	+	A nonprofit organization26
	155	+	that serves or provides food to needy persons INDIVIDUALS for their27
	156	+	1166
	157	+	-4- consumption from any liability for any injury OR DEATH, including but not1
	158	+	limited to, injury OR DEATH resulting from ingesting donated foods, as a2
	159	+	result of receiving, accepting, gathering, or removing any foods donated3
	160	+	under this section; except that a nonprofit organization is not liable for4
	161	+	any injury
	162	+	OR DEATH caused by donated food produced pursuant to the5
112	163		"Colorado Cottage Foods Act", section 25-4-1614, C.R.S.,
113		-	unless the
114		-	nonprofit organization acted unreasonably.
115		-	(3.5) A farmer who allows one or more individuals to make entry on
116		-	the farmer's property for the purpose of gleaning produce for donation to a
117		-	nonprofit organization for use or distribution in providing assistance to
118		-	needy or poor persons
119		-	INDIVIDUALS, as described in subsection (1)(a) of this
120		-	PAGE 3-HOUSE BILL 25-1166 section, is not liable for damages in any civil action or subject to
	164	+	unless the6
	165	+	nonprofit organization acted unreasonably.7
	166	+	(3.5) A farmer who allows one or more individuals to make entry8
	167	+	on the farmer's property for the purpose of gleaning produce for donation9
	168	+	to a nonprofit organization for use or distribution in providing assistance10
	169	+	to needy or poor persons INDIVIDUALS, as described in subsection (1)(a)11
	170	+	of this section, is not liable for damages in any civil action or subject to12
121	171		prosecution in any criminal proceeding resulting from an injury
122		-	OR ~~DEATH~~
	172	+	OR DEATH13
123	173		to any
124		-	such individuals unless the injury OR DEATH results from a willful or
125		-	wanton act or omission of the farmer.
126		-	SECTION 5. Act subject to petition - effective date. This act
127		-	takes effect at 12:01 a.m. on the day following the expiration of the
128		-	ninety-day period after final adjournment of the general assembly; except
129		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
130		-	of the state constitution against this act or an item, section, or part of this act
131		-	within such period, then the act, item, section, or part will not take effect
132		-	unless approved by the people at the general election to be held in
133		-	PAGE 4-HOUSE BILL 25-1166 November 2026 and, in such case, will take effect on the date of the official
134		-	declaration of the vote thereon by the governor.
135		-	____________________________ ____________________________
136		-	Julie McCluskie James Rashad Coleman, Sr.
137		-	SPEAKER OF THE HOUSE PRESIDENT OF
138		-	OF REPRESENTATIVES THE SENATE
139		-	____________________________ ____________________________
140		-	Vanessa Reilly Esther van Mourik
141		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
142		-	OF REPRESENTATIVES THE SENATE
143		-	APPROVED________________________________________
144		-	(Date and Time)
145		-	_________________________________________
146		-	Jared S. Polis
147		-	GOVERNOR OF THE STATE OF COLORADO
148		-	PAGE 5-HOUSE BILL 25-1166
	174	+	such individuals unless the injury OR DEATH results from a willful14
	175	+	or wanton act or omission of the farmer.15
	176	+	SECTION 5. Act subject to petition - effective date. This act16
	177	+	takes effect at 12:01 a.m. on the day following the expiration of the17
	178	+	ninety-day period after final adjournment of the general assembly; except18
	179	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V19
	180	+	of the state constitution against this act or an item, section, or part of this20
	181	+	act within such period, then the act, item, section, or part will not take21
	182	+	effect unless approved by the people at the general election to be held in22
	183	+	November 2026 and, in such case, will take effect on the date of the23
	184	+	official declaration of the vote thereon by the governor.24
	185	+	1166
	186	+	-5-