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Laws on Serving Food for Donations in Colorado

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    • Colorado charities accept food donations from restaurants, caterers, grocery retailers and food distributors that are served to the needy by soup kitchens and social service meals programs. State laws govern handling of prepared foods for public consumption, while a federal "Good Samaritan'' statute protects donors from liability in the event of illness caused by consumption.

    State Laws

    • Colorado law allows charities to serve donations from licensed food establishments, or wholesalers of prepared food. Prepared foods that require no more than heating can be served at public soup kitchens. In addition, nonprofits are allowed to prepare and serve food for charitable one-day events aimed at raising money for meal programs.

    Food Handling and Storage

    • Food suppliers must ensure proper handling, refrigeration and transport of food donations to ensure public safety. Grocery stores may donate perishable foods that have not reached their expiration date. And wholesale packaged foods no longer offered for retail sale are acceptable if not expired. Licensed caterers are encouraged to donate food that otherwise might go to waste.

    Legal Protections

    • State and federal laws protect food donors from civil or criminal liability in the event of illness by defining in specific terms "gross negligence.'' Intentional acts of harm or recklessness must be proven for successful prosecution of a food donor. The law is intended to encourage charitable giving to food programs.

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