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(Last Updated 10/29/2024)
Colorado Food Waste Policy
Colorado Date Labeling Regulations
Rating: Negative Policy
8 Colo. Code Regs. § 1202-10:3.0-4.0
In addition to those date labels required under the FDA model Food Code provisions adopted by Colorado, Colorado requires that egg containers are marked with the date first packed stated numerically by month and day (e.g., 1/15), or by the numbered consecutive day of the year (e.g. 123 for the 123rd day of the year). The container may, but is not require to, feature a "sell-by" date of no more than 30 days after the pack date. Sale of eggs is not permitted 45 days after the pack date. The sale or donation of past date reduced oxygen packaging items and refrigerated, ready-to-eat, time/temperature control for safety food is prohibited.
Overview
Date labels are the dates on food packaging that are accompanied by phrases such as "use by," "best before," "sell by," "enjoy by," and "expires on." Date labels are almost entirely unregulated under federal law, except for infant formula and some very limited instances related to poultry and egg products.
The U. S. Food and Drug Administration (FDA) publishes a model Food Code, to help states regulate restaurants, food service providers, and food retailers to ensure the safe handling of food. Nearly every state has adopted a version of the FDA Food Code that requires date labeling for molluscan shellfish and foods in reduced oxygen packaging, as well as the marking of certain refrigerated, ready-to-eat, time/temperature control for safety foods to indicate the day by which the food should be consumed or discarded.
Shucked shellfish packages smaller than ½ gallon must be marked with a “sell by" or "best if used by" date, and shucked shellfish packages with capacity of ½ gallon or more must be labeled with the date of shucking.
Food in reduced oxygen packaging generally must be labeled with the earlier of a “use-by" date not more than 30 days from the date of packaging or the original manufacturer’s “sell by” date. In states that have adopted the 2009 FDA Food Code or a prior version, the “use-by" date cannot be not more than 14 days from the date of packaging or the original manufacturer’s “sell by” date. The sale or donation of past date reduced oxygen packaging items is prohibited.
Refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than 24 hours generally must be marked to indicate the day by which the food should be consumed or discarded.
Because federal law is so limited, states have broad discretion to regulate date labels, which has resulted in a patchwork of date label regulation across the United States. The inconsistency in date label laws, for foods other than those mentioned above, leads to food waste because consumers may discard food after the date on the package due to confusion about product safety and retailers or manufacturers may discard food due to confusion about selling or donating the past-date food. Also, some states explicitly prohibit or limit the donation of past date foods.
Colorado Liability Protection Regulations
Rating: Moderate Policy
Donations made within the state are protected from liability according to the federal Bill Emerson Good Samaritan Food Donation Act.
Overview
The Bill Emerson Good Samaritan Food Donation Act, as amended by the Food Donation Improvement Act, provides a strong federal baseline of protection for food donors against state and federal liability claims. It covers individuals, businesses, schools, nonprofit organizations, the officers of businesses and nonprofit organizations, and gleaners. A donor must donate in good faith to a nonprofit organization that distributes the donated food to needy populations, or, if the donor is a qualified direct donor, they may donate food directly to needy individuals. Donated food must meet all quality and labeling standards imposed by federal, state and local laws and regulations. A state’s liability protection law can provide more, but not less, protection than the Emerson Act.
Colorado TAX INCENTIVES
Rating: Expired or Repealed Policy
Colo. Rev. Stat. Ann. § 39-22-301
Colorado repealed a tax credit in 2022 for donations of crops and livestock by C-Corporations to charitable organizations that do not charge end recipients. The credit was valued at 25% of wholesale market price, up to $1,000 annually. The credit still applies for food donated through December 31, 2022.
Rating: Expired or Repealed Policy
Colo. Rev. Stat. § 39-22-536
Under Colo. Rev. Stat. § 39-22-536, taxpayers can claim a tax credit for donating agricultural crops (grains, fruit, vegetables), livestock, eggs, or dairy to nonprofit hunger-relief charitable organizations. The credit is valued at 25% of wholesale market price, up to $5,000 annually. This tax credit expired January 2020, but any credit claimed before 2020 is eligible for carryover to offset income tax up till 2025.
Overview
The federal government provides tax deductions to incentivize businesses to donate food. As of December 2015, all businesses—including C-corporations, S-corporations, limited liability corporations (LLCs), partnerships and sole proprietorships—are eligible for an enhanced tax deduction that exceeds the property’s basis for donated food if they meet certain requirements. If they do not meet the requirements, they can still claim a general tax deduction in the amount of the property’s basis.
Colorado FOOD SAFETY
Rating: Weak Policy
Share Table Guidance
Colorado distributes guidance on the safety of donating food in schools through share tables.
Overview
States often base their food safety regulations on the model food safety regulations for restaurants and retail stores within the FDA Food Code. While the Food Code states that food donation is permitted, it does not specify which food safety laws or regulations pertain to the food donation context. Without guidance or clarity coming from a governmental entity, food donors will often refuse to donate their safe, wholesome food. States vary broadly in terms of the level of guidance they provide on food safety rules for food donation, often providing limited guidance for a specialized context, such as share tables in schools, or no guidance at all.
Colorado Animal Feed Regulations
Rating: Moderate Policy
Colo. Rev. Stat. § 35-52-113; 8 CCR 1201-19-9.1-4
Any food waste containing animal products, including offal or parts thereof, must be heated for 30 minutes or treated by some other method approved by the state before being fed to swine, but exceptions exist for individuals feeding household waste to their own swine. There are no restrictions on feeding waste exclusively vegetable in nature.
Overview
For centuries, using food scraps as animal feed was common worldwide. The practice declined rapidly in the 1980s, when several disease outbreaks were linked to unsafe animal feed. In an attempt to prevent the spread of such diseases, federal laws and regulations were enacted to restrict what is often pejoratively referred to as “garbage feeding” to animals. However, using food scraps as animal feed in a safe, resource-efficient way can be environmentally friendly and energy-efficient, providing multiple benefits for both farmers and food waste generators, such as retailers, restaurants, and institutional cafeterias. Under federal law, food scraps can generally be fed to animals, so long as food scraps with animal derived by-products are heat-treated by a licensed facility before being fed to swine; and food scraps containing animal-derived by-products are not fed to ruminants. The federal regulations function as a floor, and most state regulations go beyond them.
Colorado Organic Waste Recycling Laws
Rating: No Policy
Colorado does not have a state-wide organic waste ban or waste recycling laws that bear on food waste.
Boulder Municipal Ordinance
Rating: Strong Policy
BOULDER MUN. CODE 6-3-13 to 6-3-18; Universal Zero Waste Ordinance Guide
All property owners and businesses are required to subscribe to appropriate organic waste collection services and provide proper containers to residents for disposing of compostable materials. All individuals are required to separate and recycle household organic waste. Businesses and property owners may apply for a waiver lasting one year (and can reapply annually) if they can prove economic hardship, space constraints, or that they produce less than 1000 lbs of organic waste per year.
Overview
In order to push businesses and consumers to reduce food waste, a growing number of states and localities are enacting organic waste bans or waste recycling laws to restrict the amount of food waste an entity can send to the landfill. However, each state differs regarding the specifics of its waste ban or recycling law. For example, they vary with regard to the types of entities covered under the law, how much organic waste an entity must produce in order to be covered, and whether exceptions exist for entities located far from a facility that accepts food scraps. These differences have a significant impact on the reach of these laws, and therefore on the amount of food waste diverted.