A Bill for an Act
Page 1, Line 101Concerning the regulation of insects for human
Page 1, Line 102consumption.
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 prohibits:
- Engaging in commercial insect production for human consumption;
- Selling or offering to sell insect products derived from commercial insect production; and
- Transporting insect products with the intention of selling or offering to sell the insect products for human consumption.
An existing business may continue to produce the same quantity and type of insect products made on the effective date of the bill but may not expand production.
District attorneys may enforce the bill, and the commissioner of agriculture may refer suspected violations to the local district attorney. A person may bring a civil action against a person that violates the bill. In the civil action, the court may award to a prevailing plaintiff actual damages, costs of litigation, reasonable attorney fees, and any other relief the court deems appropriate.
A person that violates these provisions commits a civil infraction, punishable by a fine of not less than $1,000 nor more than $5,000 per day of violation.
The bill amends the misbranding law to require food that contains insects or insect parts to be labeled with the words "contains insects".
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add article 82 to title 35 as follows:
Page 2, Line 3ARTICLE 82
Insect Farming
Page 2, Line 435-82-101. Short title.The short title of this article 82 is the "Colorado Agricultural Heritage Protection Act".
Page 2, Line 535-82-102. Legislative declaration.The general assembly
Page 2, Line 6finds and declares that commercial insect production poses
Page 2, Line 7risks to traditional agriculture, food security, food safety,
Page 2, Line 8public health, and the natural environment. This article 82 is
Page 2, Line 9enacted to protect farming as well as the public within Colorado.
Page 2, Line 1035-82-103. Definitions.As used in this article 82, unless the context otherwise requires:
Page 2, Line 11(1) "Commercial insect production" means raising,
Page 2, Line 12breeding, keeping, or processing insects with the intention of
Page 3, Line 1selling or offering to sell insects or insect products for human consumption as food.
Page 3, Line 2(2) "Commissioner" means the commissioner of agriculture.
Page 3, Line 3(3) "Existing business" means a business that was actively
Page 3, Line 4engaged in commercial insect production within Colorado prior to the effective date of this article 82.
Page 3, Line 5(4) (a) "Insect" means any animal belonging to the taxonomic class of Insecta.
Page 3, Line 6(b) "Insect" excludes crustaceans and mollusks.
Page 3, Line 7(5) "Insect product" means an insect or a product that
Page 3, Line 8contains a part of an insect that is sold or offered to be sold for human or animal consumption as food.
Page 3, Line 935-82-104. Prohibition of commercial insect production -
Page 3, Line 10exception. (1) Except as provided in subsection (2) of this section, a person shall not:
Page 3, Line 11(a) Engage in commercial insect production;
Page 3, Line 12(b) Sell or offer to sell insect products derived from commercial insect production; or
Page 3, Line 13(c) Transport insect products derived from commercial
Page 3, Line 14insect production with the intention of selling or offering to sell the insect products.
Page 3, Line 15(2) Notwithstanding subsection (1) of this section, an
Page 3, Line 16existing business may continue to produce the same quantity of
Page 3, Line 17and types of insect products that the existing business produced
Page 3, Line 18on the effective date of this article 82, but an existing business
Page 3, Line 19shall not expand the quantity or the types of insect products
Page 4, Line 1beyond the quantity of or the types of insect products the
Page 4, Line 2existing business produced on the effective date of this article 82.
Page 4, Line 335-82-105. Enforcement. (1) (a) A district attorney may enforce this article 82.
Page 4, Line 4(b) The commissioner may enforce this article 82 by
Page 4, Line 5referring suspected violations to the local district attorney for enforcement.
Page 4, Line 6(2) A person may bring a civil action against a person that
Page 4, Line 7violates this article 82. The court may award to a prevailing plaintiff:
Page 4, Line 8(a) Actual damages;
Page 4, Line 9(b) Costs of litigation, including reasonable attorney fees; and
Page 4, Line 10(c) Such other relief as the court deems appropriate.
Page 4, Line 1135-82-106. Penalties.A person that violates this article 82
Page 4, Line 12commits a civil infraction, and, upon conviction, a court shall
Page 4, Line 13impose a fine of not less than one thousand dollars nor more than five thousand dollars per day of violation.
Page 4, Line 14SECTION 2. In Colorado Revised Statutes, 25-5-402, add (13.5) as follows:
Page 4, Line 1525-5-402. Definitions. As used in this part 4, unless the context otherwise requires:
Page 4, Line 16(13.5) "Insect" has the meaning set forth in section 35-82-103 (4).
Page 4, Line 17SECTION 3. In Colorado Revised Statutes, 25-5-411, amend (1)
Page 4, Line 18introductory portion; and add (1)(q) as follows:
Page 5, Line 125-5-411. Definitions of "misbranding". (1) A food
shall be deemed to bePage 5, Line 2(q) If:
Page 5, Line 3(I) It is one or more insects, contains one or more insects
Page 5, Line 4as an ingredient, or contains any part of one or more insects as an ingredient;
Page 5, Line 5(II) It is intended for human consumption; and
Page 5, Line 6(III) Its label does not contain the words "contains insects".
Page 5, Line 7SECTION 4. Act subject to petition - effective date -
Page 5, Line 8applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 5, Line 9the expiration of the ninety-day period after final adjournment of the
Page 5, Line 10general assembly; except that, if a referendum petition is filed pursuant
Page 5, Line 11to section 1 (3) of article V of the state constitution against this act or an
Page 5, Line 12item, section, or part of this act within such period, then the act, item,
Page 5, Line 13section, or part will not take effect unless approved by the people at the
Page 5, Line 14general election to be held in November 2026 and, in such case, will take
Page 5, Line 15effect on the date of the official declaration of the vote thereon by the governor.
Page 5, Line 16(2) This act applies to acts committed on or after the applicable effective date of this act.