CO SB090

Retail food establishments, correctional facilities, school districts, and hospitals are encouraged to donate apparently wholesome food to nonprofit organizations for distribution to needy or poor individuals.

Farmers, food processors, distributors, wholesalers, retailers, and nonprofit organizations that donate or transfer food are exempted from civil and criminal liability for damages resulting from the nature, age, condition, or packaging of donated foods, except for willful, wanton, or reckless acts.

Farmers who allow individuals to glean produce on their property for donation to nonprofits are protected from liability for injuries unless the injury results from a willful or wanton act or omission of the farmer.

Nonprofit organizations receiving donated food cannot sell or offer to sell the donated items to qualify for liability protections under this law.

The act takes effect August 5, 2020, unless subject to a referendum petition, in which case it requires voter approval at the November 2020 general election.