C.R.S. § 22-82.7-101 Short title
22-82.7-101. Short title. This article shall be known and may be cited as the "Start Smart Nutrition Program Act".
Start Smart Nutrition Program
C.R.S. tit. 22, art. 82.7
in effectC.R.S. § 22-82.7-102 Definitions
22-82.7-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(1.5) "Facility school" means an approved facility school as defined in section 22-2-402 (1).
(2) "Fund" means the start smart nutrition program fund created in section 22-82.7-105.
(3) "Program" means the start smart nutrition program created in section 22-82.7-103.
(4) "School breakfast program" means the federal school breakfast program created in 42 U.S.C. sec. 1773.
(5) "School food authority" means:
(a) A school district or the state charter school institute;
(a.3) A charter school collaborative formed pursuant to section 22-30.5-603;
(a.5) A board of cooperative services created pursuant to article 5 of this title that elects to operate as a school food authority pursuant to section 22-5-120; or
(b) A district charter school or an institute charter school that:
(I) The commissioner of education or his or her designee provisionally authorizes as a school food authority pursuant to section 22-32-120 (6); or
(II) The department of education authorizes as a school food authority pursuant to section 22-32-120 (5).
C.R.S. § 22-82.7-103 Start smart nutrition program - creation - administration - objectives
22-82.7-103. Start smart nutrition program - creation - administration - objectives. (1) There is hereby created the start smart nutrition program to ensure that each student in Colorado public schools and facility schools has an opportunity to begin each day with a nutritious breakfast.
(2) The department shall administer the program in accordance with the procedures developed by the department pursuant to section 22-82.7-106.
(3) The objectives of the program are to:
(a) Appropriate moneys from the state budget to eliminate the reduced price paid by Colorado students participating in the school breakfast program and to offset the costs incurred by facility schools in providing the school breakfast program to students who are receiving educational services from the facility schools;
(b) Increase the number of Colorado students who consume a nutritious breakfast each day;
(c) Decrease statewide health-care costs by improving the health of school-age children;
(d) Lessen students' risk of obesity by providing nutritious breakfast options;
(e) Encourage charter schools, school districts, and facility schools to participate in the school breakfast program;
(f) Increase students' consumption of whole grains, fruits and vegetables, vitamins A and C, calcium, protein, fiber, and iron; and
(g) Make breakfast more accessible to underprivileged students.
C.R.S. § 22-82.7-104 Program funding - appropriation
22-82.7-104. Program funding - appropriation. (1) The general assembly shall annually appropriate by separate line item in the annual general appropriation bill an amount of not less than seven hundred thousand dollars and not more than one million five hundred thousand dollars to the fund created in section 22-82.7-105 to allow school food authorities to provide free breakfasts to children participating in the school breakfast program who would otherwise be required to pay a reduced price for breakfast and to offset the costs incurred by facility schools in providing breakfasts to students who are placed in the facility and are eligible to participate in the school breakfast program. The appropriation to the fund shall be in addition to any appropriation made by the general assembly pursuant to section 22-54-123 or 22-54-123.5 (1).
(2) The department may seek and accept gifts, grants, and donations from public and private sources to fund the program, but receipt of gifts, grants, and donations shall not be a prerequisite to the implementation of the program. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund.
(3) To the extent permitted by law, the department may, at its discretion, direct other moneys to fund the program.
C.R.S. § 22-82.7-105 Start smart nutrition program fund - creation - administrative costs
22-82.7-105. Start smart nutrition program fund - creation - administrative costs. (1) There is hereby created in the state treasury the start smart nutrition program fund. The fund shall consist of:
(a) Such moneys as are appropriated to the fund by the general assembly pursuant to section 22-82.7-104 (1);
(b) Any gifts, grants, or donations received by the department for the fund pursuant to section 22-82.7-104 (2); and
(c) Any other moneys directed to the fund by the department.
(2) The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the program pursuant to the provisions of this article. The department may expend not more than one percent of the moneys annually appropriated from the fund to offset the direct and indirect costs incurred by the department in implementing the program pursuant to this article.
(3) Any moneys in the fund not expended for the purpose of this article may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
C.R.S. § 22-82.7-106 Program - procedures
22-82.7-106. Program - procedures. The department shall develop procedures to allocate and disburse the moneys in the fund among participating school food authorities and facility schools each year, in an equitable manner and in compliance with the requirements of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.
C.R.S. § 22-82.7-107 No individual entitlement
22-82.7-107. No individual entitlement. (1) Nothing in this article shall be interpreted to create a legal entitlement in any participant to assistance provided pursuant to the program.
(2) The department in administering the program and a school food authority or a facility school in implementing the program may not create and shall not be deemed to create a legal entitlement in any participant to assistance provided pursuant to the program.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-22.docxFetched: 10/6/2026