1. (1)

   1. (a)

      1. (I) Except 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:

         1. (A) 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 individuals; and
         2. (B) A nonprofit organization in receipt of donated food that transfers the food to another nonprofit organization for use or distribution in providing assistance to individuals.
      2. (II) The 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. (b) As used in this section, unless the context otherwise requires:

      1. (I) Correctional facility has the meaning set forth in section 17-1-102 (1.7).
      2. (II) Hospital means a hospital licensed pursuant to section 25-3-101.

      3. (II.5) Local education provider means:

         1. (A) A school district organized pursuant to article 30 of title 22;
         2. (B) A board of cooperative services created pursuant to article 5 of title 22;
         3. (C) A charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22;
         4. (D) An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22;
         5. (E) An approved facility school as defined in section 22-2-402 (1); or
         6. (F) The Colorado school for the deaf and the blind described in section 22-80-102.
         7. (III) Nonprofit organization means any organization that is exempt from the income tax imposed under article 22 of title 39; except that nonprofit organization does not include organizations that sell or offer to sell donated items of food.
         8. (IV) Retail food establishment has the meaning set forth in section 25-4-1602 (14).
         9. (V) School district has the meaning set forth in section 22-30-103 (13).
         10. (VI) Share table has the meaning set forth in section 22-32-152.
2. (2) Nothing in this section relieves a nonprofit organization that serves or provides food to individuals for consumption from any liability for any injury or death, including 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, unless the nonprofit organization acted unreasonably.
3. (3) Any nonprofit organization that receives any donated items of food pursuant to this section shall not sell or offer to sell any such donated items of food. This prohibition shall not affect the transfer of such donated items of gleaned or donated food between nonprofit organizations, without contemplation of remuneration, for ultimate disposition in accordance with the provisions of this section.
4. (3.5) A farmer that 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 individuals, as described in subsection (1)(a) of this 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 such individuals unless the injury or death results from a willful or wanton act or omission of the farmer.
5. (4) Nothing in this section is intended to restrict the authority of any appropriate agency to regulate or ban the use of such donated foods for human consumption.
6. (5) A designated school employee or local education provider that supervises the redistribution of food and beverage items returned to a share table pursuant to section 22-32-152 is 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 the redistributed food or beverage items; except that this exemption does not apply to willful, wanton, or reckless acts of school personnel or local education providers, including disregard for applicable sanitation and health requirements or protocols to prevent exposure to allergens, that result in injury to recipients of redistributed items.

Source: L. 80: Entire section added, p. 513, § 1, effective April 6. L. 82: (1) and (3) amended, p. 291, § 1, effective April 2. L. 89: (1) amended, p. 758, § 1, effective April 10. L. 2000: (1) amended, p. 1844, § 23, effective August 2. L. 2012: (2) amended, (SB 12-048), ch. 16, p. 41, § 2, effective March 15. L. 2020: (1) amended and (3.5) added, (SB 20-090), ch. 127, p. 549, § 3, effective September 14. L. 2025: (1)(a), (2), and (3.5) amended, (HB 25-1166), ch. 90, p. 373, § 4, effective August 6; (1)(b)(II.5), (1)(b)(VI), and (5) added, (HB 25-1059), ch. 77, p. 328, § 3, effective August 6.

Cross references: For the legislative declaration in the 2012 act amending subsection (2), see section 1 of chapter 16, Session Laws of Colorado 2012.