§ 22-32-152 — Food waste reduction encouraged - definitions

(1) As used in
this section, unless the context otherwise requires:

(a) Department means the department of education created in section 24-1-115.

(b) Local education provider means:

(I) A school district organized pursuant to article 30 of this title 22;

(II) A board of cooperative services created pursuant to article 5 of this title
22;

(III) A charter school authorized by a school district pursuant to part 1 of
article 30.5 of this title 22;

(IV) An institute charter school authorized by the state charter school
institute pursuant to part 5 of article 30.5 of this title 22;

(V) An approved facility school as defined in section 22-2-402 (1); or

(VI) The Colorado school for the deaf and the blind described in section 22-80-102.

(c) Organic materials has the same meaning set forth in section 25-17-901.

(d) Share table means a station where a student may return whole food or
beverage items that the student chooses not to consume. Returned food and
beverage items are then available for redistribution to other students as necessary
to prevent food waste and in compliance with federal, state, and local health and
food safety requirements.

(2) A local education provider is encouraged to adopt a policy to reduce food
waste in school cafeterias and meal preparation facilities that includes:

(a) The management of share tables;

(b) The donation of excess food items to local nonprofit organizations
pursuant to section 22-32-148;

(c) The composting of raw and certain reused materials, including organic
materials; or

(d) Other food waste diversion or aversion initiatives.

(3) A food waste reduction policy may address:

(a) Allowable food and beverage redistribution practices for share table
items;

(b) Specific measures to assure compliance with all applicable federal, state,
and local sanitation and health requirements, applicable federal child nutrition
program requirements regarding meal reimbursements and prohibitions on
returning share table items to kitchen inventories, any standard operating
procedures the department may issue, as well as policies and procedures
pertaining to food allergies, in the identification, storage, handling, and service of
redistributed food and beverages;

(c) Prohibitions on redistribution of certain food and beverage items,
including items brought from home;

(d) Communications with students and students' parents, custodians, or
legal guardians about safe and effective participation in food waste reduction
efforts; and

(e) Training and compensation for designated school personnel supervising
share tables, composting bins, or other food waste diversion and aversion initiatives.

(4) In the design and implementation of food waste reduction policies, local
education providers are encouraged to leverage student leadership, local public
health agency expertise, or other available waste diversion and aversion resources,
including the technical assistance and grant funding provided by the Colorado
circular communities enterprise pursuant to section 25-16.5-109.

(5) If a local education provider adopts and implements a food waste
reduction policy pursuant to this section, the local education provider shall comply
with all applicable sanitation and health requirements, including local health
department guidelines for food redistribution, and including protocols to prevent
student exposure to allergens, and shall require school personnel who supervise
share tables or who are otherwise engaged in the identification, storage, handling,
or service of redistributed food and beverages to successfully complete related
safety training.

(6) This section does not alter or negate any rights, obligations, or
immunities of a local education provider pursuant to the federal Richard B. Russell
National School Lunch Act, 42 U.S.C. sec. 1751 et seq., and shall otherwise be
construed in a manner consistent with federal law.

Legislative History

Source: L. 2025: Entire section added, (HB 25-1059), ch. 77, p. 325, � 1, effective August 6.