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Colorado Cottage Food Law

Colorado cottage food law, the Colorado Cottage Foods Act, lets you make shelf-stable foods like bread, cookies, candy, jams, honey and tortillas and sell them straight to customers in Colorado, with no license and no kitchen inspection. You take a food safety course, stay under $10,000 in net revenue per product a year, and label every package. The Tamale Act, a passed bill whose changes are not in force yet, will widen the law with yearly registration at CDPHE, a $150,000 cap and room for refrigerated foods like tamales.

Colorado cottage food law: map of the United States with Colorado highlighted
Sales cap$10,000 per productCounted as net revenue for each product, per calendar year. Once the Tamale Act applies, one $150,000 gross revenue cap, adjusted for inflation, replaces it.
License or registrationNone, for nowOnce the Tamale Act applies, you register with CDPHE every year before your first sale.
TrainingRequiredA food safety course with basic food handling, kept in good standing.
Where you sellColorado onlyDirectly to the person who eats the food: at home, at markets, online with delivery inside Colorado.
01

Who can sell under the Colorado Cottage Foods Act

The act calls you a producer: a Colorado resident who runs the business alone or as an LLC with two or fewer owners. You, or a designated representative, sell in person to an informed end consumer, the person who will eat the food, and answer their questions.

Your own kitchen is the usual place to cook, but the law also lets you use a commercial, private or public kitchen. Ask your homeowners association and your town about home business rules before you start.

C.R.S. 25-4-1614(2)(a)A producer may use his or her home kitchen or a commercial, private, or public kitchen to produce foods for sale only if the producer sells the foods directly to informed end consumers.
02

Which foods are allowed

The act covers foods that stay safe without refrigeration. CDPHE and CSU Extension list these as eligible:

  • Breads, muffins, cookies, cakes
  • Fruit pies and fruit empanadas
  • Tortillas
  • Candy, fudge, cotton candy
  • Jams, jellies, preserves, fruit butters
  • Honey
  • Flour and dry mixes
  • Spices and teas
  • Roasted coffee beans
  • Nuts and seeds
  • Dehydrated and freeze-dried produce
  • Flavored vinegar and bitters
  • Pickled fruits and vegetables, pH 4.6 or below

Whole shell eggs are allowed too, up to 250 dozen a month, kept cold and sold in new, labeled cartons.

These stay off limits under the current rules:

  • Foods that need refrigeration for safety
  • Meat, poultry, fish and shellfish, also as an ingredient or topping
  • Cream, custard or meringue fillings, buttercream and cream cheese frosting
  • Pumpkin, sweet potato and cream pies
  • Sauces and condiments like salsa, barbecue sauce, ketchup and salad dressing
  • Canned vegetables, juices, purees and cut fresh produce
  • Beverages, fresh pasta and flavored oil
  • Pepper jelly and jams made with fresh peppers
  • Products with CBD or THC
03

Where and how you can sell

Every sale goes straight from you to the end consumer, inside Colorado. Buyers may not resell what they buy from you.

Way of sellingAllowed?
From your homeYes, if your HOA and local zoning allow a home business
Farmers markets, roadside stands, CSAsYes
A storefront like a gift shop or clothing storeYes, sold by you or your representative
Online orders delivered inside ColoradoYes
Shipping or delivery outside ColoradoNo
Restaurants, grocery stores, co-packers, distributorsNo

Wherever you sell, in person or on your website, show a sign that reads: "This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale." Samples are fine if you use gloves, tongs or toothpicks instead of bare hands.

04

Training, registration and inspections

Every producer takes a food safety course that covers basic food handling, from CSU Extension, a public health agency or a comparable provider, and keeps it current. Keeping a copy of your certificate at your stand is a good habit.

The act exempts you from the state's food licensing rules, so there is no permit and no routine kitchen inspection. The health department can still sample and inspect your product after a complaint, a suspected illness, or a label that breaks the rules.

C.R.S. 25-4-1614(8) as rewritten by HB26-1033, not yet in forceA producer shall annually register with the department before selling any food under this section. The registration must indicate the types of food the producer anticipates selling under this section. The department shall issue a registration number to each producer.
05

What the Tamale Act changes

House Bill 26-1033, the Tamale Act, rewrites the cottage food section. When its changes take effect, these are the big ones:

  • One cap for the whole business: $150,000 a year in gross revenue, adjusted for Denver-area inflation, instead of $10,000 per product
  • Yearly registration with CDPHE before you sell, with a public registry of producers
  • One type of refrigerated (TCS) food, like tamales, burritos or tortas, in up to five variations
  • Meat in those foods must carry a federal mark of inspection or qualify for an exemption
  • Fines up to $100 per violation, plus inspection costs up to $1,000, for misbranded or unsafe food

Refrigerated foods come with their own rules: a food safety course on time and temperature control, the cooking, cooling and holding temperatures CDPHE sets, no cooling and reheating before sale, and transport only once for at most two hours. No bare-hand contact with ready-to-eat food becomes a rule for every cottage food. Three violations with these foods within twelve months and you lose the right to sell them.

Some foods stay outside the act: raw milk, low-acid canned foods, fermented or acidified foods that need refrigeration, alcohol, foods with cannabinoids, and foods smoked for preservation, reduced oxygen packed or cured.

06

When you outgrow the cottage food law

Want to sell to restaurants or grocery stores, ship out of state, or earn past the cap? Then the cottage food exemption no longer covers you, and you need a licensed operation. Federal labeling applies in full at that point: ingredient list, net quantity, allergens and in most cases a Nutrition Facts panel.

Nutrition Facts Label Requirements →
The label

What your Colorado cottage food label must say

Each package carries an attached label. A product sold without one counts as misbranded.

  1. 1
    Product name
    What the food is, like "Blue Corn Tortillas".
  2. 2
    Your name and contact
    Your name, the full address of the kitchen where the food was made, and your current phone number or email. Once the Tamale Act applies, the county replaces the address and your CDPHE registration number joins it.
  3. 3
    Production date
    The day this batch was made.
  4. 4
    Complete ingredient list
    The law asks for a complete list. The state's Cottage Foods Checklist adds the order: descending by weight.
  5. 5
    CDPHE website
    Once the Tamale Act applies: the web address CDPHE provides for reporting illness and checking registrations.
  6. Required statement, word for wordCopy exactlyThis product was produced in a home kitchen that is not subject to state licensure or inspection and that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish. This product is not intended for resale.
Questions

Colorado Cottage Food Law: questions

No license and no inspection under the Colorado Cottage Foods Act. You do need a food safety course and a proper label. Once the Tamale Act's changes take effect, a yearly registration with CDPHE is added.

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