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

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

   2. (b) Local education provider means:

      1. (I) A school district organized pursuant to article 30 of this title 22;
      2. (II) A board of cooperative services created pursuant to article 5 of this title 22;
      3. (III) A charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22;
      4. (IV) An institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22;
      5. (V) An approved facility school as defined in section 22-2-402 (1); or
      6. (VI) The Colorado school for the deaf and the blind described in section 22-80-102.
   3. (c) Organic materials has the same meaning set forth in section 25-17-901.
   4. (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. (2) A local education provider is encouraged to adopt a policy to reduce food waste in school cafeterias and meal preparation facilities that includes:

   1. (a) The management of share tables;
   2. (b) The donation of excess food items to local nonprofit organizations pursuant to section 22-32-148;
   3. (c) The composting of raw and certain reused materials, including organic materials; or
   4. (d) Other food waste diversion or aversion initiatives.

3. (3) A food waste reduction policy may address:

   1. (a) Allowable food and beverage redistribution practices for share table items;
   2. (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;
   3. (c) Prohibitions on redistribution of certain food and beverage items, including items brought from home;
   4. (d) Communications with students and students' parents, custodians, or legal guardians about safe and effective participation in food waste reduction efforts; and
   5. (e) Training and compensation for designated school personnel supervising share tables, composting bins, or other food waste diversion and aversion initiatives.
4. (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. (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. (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.

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