House Bill 26-1033 Introduced

A Bill for an Act

• Page 1, Line 101Concerning expanding the scope of the "Colorado Cottage

• Page 1, Line 102Foods Act".

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill expands the "Colorado Cottage Foods Act" (CCFA) by allowing for the sale of homemade foods that require refrigeration and foods that include meat and meat products. A producer of a food (producer) that requires time and temperature control must take a food safety course that includes food handling training concerning time and temperature control and acquire and maintain proof of course completion.

The bill authorizes a county, district, or regional health agency that inspects or investigates homemade food products produced pursuant to the CCFA to impose a fine for a violation of the requirements of the CCFA and to recover the cost of the inspection or investigation.

The bill removes the $10,000 cap on net revenues that a producer can earn under the CCFA.

The bill specifies that the CCFA does not apply to the sale of certain food products.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Short title. The short title of this act is the "Tamale

• Page 2, Line 3Act".

• Page 2, Line 4SECTION 2.  In Colorado Revised Statutes, 25-4-1614, amend

• Page 2, Line 5(2)(a), (2)(b), (2)(c), (4), (9)(b), and (9)(c) introductory portion; repeal

• Page 2, Line 6(2)(e); and add (8.5) as follows:

• Page 2, Line 725-4-1614.  Home kitchens - exemption - food inspection - short

• Page 2, Line 8title - applicability - definitions - rules.

• Page 2, Line 9(2) (a) (I)  A producer may use his or her their home kitchen or

• Page 2, Line 10a commercial, private, or public kitchen to produce nonpotentially

• Page 2, Line 11hazardous foods for sale only if the producer sells the foods directly to

• Page 2, Line 12informed end consumers. These foods include pickled fruits and

• Page 2, Line 13vegetables, spices, teas, dehydrated produce, nuts, seeds, honey,

• Page 2, Line 14jams, jellies, preserves, fruit butter, flour, baked goods, candies,

• Page 2, Line 15fruit empanadas, tortillas, and other nonpotentially hazardous

• Page 2, Line 16foods.

• Page 2, Line 17(II)  A producer may use their home kitchen to produce and

• Page 2, Line 18sell foods that require time and temperature control for

• Page 2, Line 19safety, including tamales, burritos, and tortas.

• Page 2, Line 20(III)  A person may sell whole eggs under this section;

• Page 2, Line 21except that a person may not sell more than two hundred fifty

• Page 3, Line 1dozen whole eggs per month under this section. A person selling

• Page 3, Line 2whole eggs must meet the requirements of section 35-21-105.

• Page 3, Line 3(IV)  The final food product shall not be cooled and

• Page 3, Line 4reheated before being sold.

• Page 3, Line 5(b) (I)  A producer is permitted under this section to sell only a

• Page 3, Line 6limited range of foods that have been produced, processed, or packaged

• Page 3, Line 7that are nonpotentially hazardous and do not require refrigeration. These

• Page 3, Line 8foods include pickled fruits and vegetables, spices, teas, dehydrated

• Page 3, Line 9produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour,

• Page 3, Line 10and baked goods, including candies, fruit empanadas, and tortillas, and

• Page 3, Line 11other nonpotentially hazardous foods. that sells food that requires

• Page 3, Line 12time and temperature control for safety shall ensure that any

• Page 3, Line 13meat or meat product used in the production of food under this

• Page 3, Line 14section:

• Page 3, Line 15(A)  Has been federally or state inspected and bears the

• Page 3, Line 16mark of inspection; or

• Page 3, Line 17(B)  Satisfies an exemption from inspection, such as the

• Page 3, Line 18federal exemptions for poultry producers that process fewer

• Page 3, Line 19than twenty thousand poultry.

• Page 3, Line 20(II)  A person may sell whole eggs under this section; except that

• Page 3, Line 21a person may not sell more than two hundred fifty dozen whole eggs per

• Page 3, Line 22month under this section. A person selling whole eggs must meet the

• Page 3, Line 23requirements of section 35-21-105, C.R.S. If a food product requires

• Page 3, Line 24time and temperature control for safety, the producer shall

• Page 3, Line 25maintain the food product at an appropriate temperature to

• Page 3, Line 26protect food safety until the time of sale.

• Page 3, Line 27(III)  If a producer transports a food product that requires

• Page 4, Line 1time and temperature control for safety before final delivery

• Page 4, Line 2to an informed end consumer, the producer shall maintain the

• Page 4, Line 3food product at an appropriate temperature to protect food

• Page 4, Line 4safety during transport, shall not transport the food product

• Page 4, Line 5more than once, and shall not transport the food product for

• Page 4, Line 6longer than two hours.

• Page 4, Line 7(c) (I)  A producer must shall take a food safety course that

• Page 4, Line 8includes basic food handling training and is comparable to, or is, a course

• Page 4, Line 9given by the Colorado state university extension service or a state, county,

• Page 4, Line 10or district public health agency and must shall maintain a status of good

• Page 4, Line 11standing in accordance with the course requirements, including attending

• Page 4, Line 12any additional classes if necessary.

• Page 4, Line 13(II)  A producer that sells food products that require time

• Page 4, Line 14and temperature control for safety shall take a food safety

• Page 4, Line 15course that includes food handling training concerning time

• Page 4, Line 16and temperature control and acquire and maintain proof of

• Page 4, Line 17course completion and a status of good standing in accordance

• Page 4, Line 18with the course requirements, including attending additional

• Page 4, Line 19classes if necessary. The department may approve courses that

• Page 4, Line 20provide the training specified in this subsection (2)(c)(II).

• Page 4, Line 21(e)  This section applies only to producers who earn net revenues

• Page 4, Line 22of ten thousand dollars or less per calendar year from the sale of each

• Page 4, Line 23eligible food product produced in the producer's home kitchen or a

• Page 4, Line 24commercial, private, or public kitchen.

• Page 4, Line 25(4) (a)  A food product produced pursuant to this section is subject

• Page 4, Line 26to food sampling and inspection by the department or a county, district,

• Page 4, Line 27or regional health agency pursuant to section 25-5-406 if it is determined

• Page 5, Line 1that the food product is misbranded pursuant to subsection (3) of this

• Page 5, Line 2section or if a consumer complaint has been received or if the product is

• Page 5, Line 3suspected in an injury or food-borne illness outbreak.

• Page 5, Line 4(b)  If a county, district, or regional health agency

• Page 5, Line 5inspects a food product produced pursuant to this section and

• Page 5, Line 6determines that the food product is misbranded or caused an

• Page 5, Line 7injury or food-borne illness outbreak, the health agency may:

• Page 5, Line 8(I)  Impose a fine for a violation of this section, which fine

• Page 5, Line 9must not exceed a total of one hundred dollars for the

• Page 5, Line 10violation; and

• Page 5, Line 11(II)  Recover from the producer the cost of the

• Page 5, Line 12investigation or inspection, which cost must not exceed one

• Page 5, Line 13thousand dollars.

• Page 5, Line 14(8.5)  This section does not apply to the sale of raw milk;

• Page 5, Line 15low-acid canned food products; fermented or acidified food

• Page 5, Line 16products that require time and temperature control for safety;

• Page 5, Line 17food products that are alcohol beverages or that contain

• Page 5, Line 18cannabinoids; or food products that are produced with smoking

• Page 5, Line 19used as a preservation method and not for flavor, reduced

• Page 5, Line 20oxygen processing, or curing.

• Page 5, Line 21(9)  As used in this section:

• Page 5, Line 22(b)  "Nonpotentially hazardous" has the meaning set forth in

• Page 5, Line 23section 25-4-1602 (12) "Meat or meat products" has the meaning

• Page 5, Line 24set forth in section 35-33-103 (8).

• Page 5, Line 25(c)  "Producer" means a person who that prepares nonpotentially

• Page 5, Line 26hazardous foods in a home kitchen or similar venue for sale directly to

• Page 5, Line 27consumers pursuant to this section and includes that person's designated

• Page 6, Line 1representative. A producer may only be:

• Page 6, Line 2SECTION 3.  In Colorado Revised Statutes, 35-36-102, amend

• Page 6, Line 3(8)(b)(II) and (12)(b)(II) as follows:

• Page 6, Line 435-36-102.  Definitions.

• Page 6, Line 5As used in this article 36, unless the context otherwise requires:

• Page 6, Line 6(8) (b)  "Commodity handler" does not include:

• Page 6, Line 7(II)  A producer as defined in the "Colorado Cottage Foods Act",

• Page 6, Line 8section 25-4-1614 (9)(c). who earns net revenues of ten thousand dollars

• Page 6, Line 9or less per calendar year from the sale of each eligible food product.

• Page 6, Line 10(12) (b)  "Dealer" does not include:

• Page 6, Line 11(II)  A producer as defined in the "Colorado Cottage Foods Act",

• Page 6, Line 12section 25-4-1614 (9)(c). who earns net revenues of ten thousand dollars

• Page 6, Line 13or less per calendar year from the sale of each eligible food product.

• Page 6, Line 14SECTION 4.  Act subject to petition - effective date -

• Page 6, Line 15applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 6, Line 16the expiration of the ninety-day period after final adjournment of the

• Page 6, Line 17general assembly (August 12, 2026, if adjournment sine die is on May 13,

• Page 6, Line 182026); except that, if a referendum petition is filed pursuant to section 1

• Page 6, Line 19(3) of article V of the state constitution against this act or an item, section,

• Page 6, Line 20or part of this act within such period, then the act, item, section, or part

• Page 6, Line 21will not take effect unless approved by the people at the general election

• Page 6, Line 22to be held in November 2026 and, in such case, will take effect on the

• Page 6, Line 23date of the official declaration of the vote thereon by the governor.

• Page 6, Line 24(2)  This act applies to conduct occurring on or after the applicable

• Page 6, Line 25effective date of this act.