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(Last Updated 07/28/2022)
Colorado Food Waste Policy
Colorado Date Labeling Regulations
Rating: Negative Policy
8 Colo. Code Regs. § 1202-10:3.0-4.0
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. Donation of any past-date food is not restricted.
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.
Colorado Liability Protection Regulations
Rating: Weak Policy
Colo. Rev. Stat. § 13-21-113
Colo. Rev. Stat. § 13-21-113 protects eligible donors and distributors which donate or distribute apparently wholesome food for free. Eligible donors include farmers, retail food establishments, or processors, distributors, wholesalers, or retailers of food, and nonprofits that donate to another nonprofit to distribute; and eligible distributors include nonprofits that distribute under the state Cottage Food Law. Protections do not apply to direct donations.
Overview
The Bill Emerson Good Samaritan Food Donation Act provides a strong federal baseline of protection for food donors. It covers individuals, businesses, 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, and the food must meet all quality and labeling standards imposed by federal, state and local laws and regulations.
Colorado TAX INCENTIVES
Rating: Moderate Policy
Colo. Rev. Stat. Ann. § 39-22-301
C-Corporations are eligible for a tax credit under Colo. Rev. Stat. Ann. § 39-22-301 for donations of crops and livestock to charitable organizations that do not charge end recipients. The credit is valued at 25% of wholesale market price, up to $1,000 annually.
Rating: (Expired) Moderate 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 Animal Feed Regulations
Rating: Weak Policy
Colo. Rev. Stat. § 35-52-113; 8 CCR 1201-19-9.1-4
Any animal or vegetable waste must be heated for 30 minutes or treated by some other method approved by the state before being fed to swine. Annual animal-derived or vegetable treated waste feeding permits must be obtained, but exceptions exist for individuals feeding household waste to swine.
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
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.