House Committee of Reference Report
Committee on Agriculture, Water & Natural Resources
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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- This all capitals text would be added to law.
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February 26, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1033 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, line 5, after "(2)(c)," insert "(2)(e),".
Page 1, Line 2Page 2, line 5, strike "(4)," and substitute "(3)(a)(II), (4), (8),".
Page 1, Line 3Page 2, lines 5 and 6, strike "repeal (2)(e);".
Page 1, Line 4Page 2, line 18, after "sell" insert "packaged".
Page 1, Line 5Page 2, line 19, after "tortas." add "A producer may sell up to five
Page 1, Line 6individual food products of one type of food that requires time
Page 1, Line 7and temperature control for safety. The producer must specify
Page 1, Line 8the individual food products that require time and temperature
Page 1, Line 9control for safety and provide a list of such food products to
Page 1, Line 10the department or a county, district, or regional health agency
Page 1, Line 11upon request. A producer may change the food products that
Page 1, Line 12require time and temperature control for safety, as long as the
Page 1, Line 13producer is not selling more than five food products that
Page 1, Line 14require time and temperature control for safety at any given
Page 1, Line 15time. The producer must package food products requiring time
Page 1, Line 16and temperature control in the producer's home kitchen or a
Page 1, Line 17commercial, private, or public kitchen.".
Page 1, Line 18Page 3, strike lines 14 through 17 and substitute "section satisfies an
Page 1, Line 19exemption from inspection, such as the".
Page 1, Line 20Page 3, line 19, strike "poultry." and substitute "poultry or a federal
Page 1, Line 21meat processing exemption.".
Page 1, Line 22
Page 2, Line 1Page 3, strike line 25 and substitute "follow all cooking, cooling,
Page 2, Line 2and holding temperatures as specified in rules adopted by the
Page 2, Line 3department pursuant to section 25-4-1604 (1)(b) to".
Page 2, Line 4Page 4, line 3, after "appropriate" insert "holding".
Page 2, Line 5Page 4, after line 6 insert:
Page 2, Line 6"(IV) A producer shall not make bare-hand contact with
Page 2, Line 7ready-to-eat foods sold under this section.".
Page 2, Line 8Page 4, strike lines 21 through 24 and substitute:
Page 2, Line 9"(e) This section applies only to producers who that earn net
Page 2, Line 10gross revenues of ten one hundred fifty thousand dollars or less per
Page 2, Line 11calendar year from the sale of each eligible food product produced in the
Page 2, Line 12producer's home kitchen or a commercial, private, or public kitchen food
Page 2, Line 13permitted under this section. The department shall annually
Page 2, Line 14adjust the cap for inflation. The department may round the
Page 2, Line 15adjusted amount upward to the nearest dollar. Inflation is
Page 2, Line 16measured by the annual percentage change in the United States
Page 2, Line 17department of labor's bureau of labor statistics consumer price
Page 2, Line 18index, or a successor index, for Denver-Aurora-Lakewood for
Page 2, Line 19all items paid for by urban consumers. A producer shall not
Page 2, Line 20establish, reorganize, or operate multiple entities or
Page 2, Line 21contractual arrangements for the purpose of circumventing
Page 2, Line 22this revenue cap.
Page 2, Line 23(3) (a) A food product sold under this section must have an
Page 2, Line 24affixed label that includes at least:
Page 2, Line 25(II) The producer's name, department-issued registration
Page 2, Line 26number, the address at county in which the food was prepared, and the
Page 2, Line 27producer's current telephone number or electronic mail address;".
Page 2, Line 28Page 5, line 4, after "If" insert "the department or".
Page 2, Line 29Page 5, line 6, strike "caused" and substitute "may cause".
Page 2, Line 30Page 5, line 7, after "the" insert "department or".
Page 2, Line 31Page 5, after line 13 insert:
Page 2, Line 32"(c) If the department or a county, district, or regional
Page 2, Line 33health agency determines that, on three separate occasions
Page 3, Line 1within twelve months, a producer has misbranded food that
Page 3, Line 2requires time and temperature control for safety or failed to
Page 3, Line 3comply with requirements related to food that requires time
Page 3, Line 4and temperature control for safety, the producer shall not
Page 3, Line 5sell foods that require time and temperature control pursuant
Page 3, Line 6to this section.
Page 3, Line 7(8) (a) On and after January 1, 2027, a producer shall
Page 3, Line 8register with the department before selling any food under this
Page 3, Line 9section. The registration must indicate the types of food the
Page 3, Line 10producer anticipates selling under this section. The department
Page 3, Line 11shall issue a registration number to each producer.
Page 3, Line 12(b) The department or a county, district, or regional health agency
Page 3, Line 13may shall create a voluntary and maintain an electronic registry of
Page 3, Line 14producers if it determines that a registry would be of value to producers
Page 3, Line 15and consumers and make the registry available on the
Page 3, Line 16department's public-facing website.".
Page 3, Line 17Page 6, strike lines 8 and 9 and substitute "section 25-4-1614 (9)(c), who
Page 3, Line 18that earns net gross revenues of ten thousand dollars or less per
Page 3, Line 19calendar year from the sale of each eligible food product less than the
Page 3, Line 20amount permitted pursuant to section 25-4-1614 (2)(e).".
Page 3, Line 21Page 6, strike lines 12 and 13 and substitute "section 25-4-1614 (9)(c),
Page 3, Line 22who that earns net gross revenues of ten thousand dollars or less per
Page 3, Line 23calendar year from the sale of each eligible food product less than the
Page 3, Line 24amount permitted pursuant to section 25-4-1614 (2)(e).".
Page 3, Line 25Page 6, strike lines 14 through 23 and substitute:
Page 3, Line 26"SECTION 4. Act subject to petition - effective date -
Page 3, Line 27applicability. (1) This act takes effect January 1, 2027; except that, if a
Page 3, Line 28referendum petition is filed pursuant to section 1 (3) of article V of the
Page 3, Line 29state constitution against this act or an item, section, or part of this act
Page 3, Line 30within the ninety-day period after final adjournment of the general
Page 3, Line 31assembly, then the act, item, section, or part will not take effect unless
Page 3, Line 32approved by the people at the general election to be held in November
Page 3, Line 332026 and, in such case, will take effect January 1, 2027, or on the date of
Page 3, Line 34the official declaration of the vote thereon by the governor, whichever is
Page 3, Line 35later.".