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Colorado2026Enacted

HB26-1033

Expanding the Colorado Cottage Foods Act (The Tamale Act)

Last scannedAug 24, 2026, 8:22 AM

In one sentence

This law allows people to sell more types of homemade food in Colorado, including items that need refrigeration or contain meat, while adding new safety training and sales limits.

What it does

  • Allows producers to sell packaged foods from home kitchens that require time and temperature control for safety, such as tamales, burritos, and tortas.
  • Requires producers selling these specific foods to take a food safety course focused on handling temperatures and keep proof of completion.
  • Limits sellers to one type of refrigerated or meat-containing product with up to five variations at any given time.
  • Increases the annual net revenue cap for cottage food sales from $10,000 to $150,000 and requires yearly adjustments for inflation.
  • Requires producers to register with the state department of public health and environment before selling their products.

Who it affects

  • Home kitchen producers who sell food directly to consumers in Colorado
  • The Department of Public Health and Environment, which manages registration and rules
  • County, district, or regional health agencies that inspect foods or investigate complaints

Limits and unknowns

  • Producers cannot sell more than one type of refrigerated or meat product, even if they offer different flavors.
  • If a producer violates rules about these specific foods three times in 12 months, they lose the right to sell them.

Plain language

Terms to know

Time and temperature control for safety
Foods that must be kept at specific temperatures to stay safe from bacteria growth.
Net revenues
The total money earned from sales after subtracting costs, which is now capped at $150,000 per year.
Misbranded food
Food that does not have the correct label information required by law.

Official record

Sources

Validated

Official summary

The act 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. A producer selling products that require time and temperature control for safety may sell one type of such food product, with the ability to offer up to 5 variations of that one type of food product. The producer must specify the individual food products that require time and temperature control for safety and provide a list of such food products to the department of public health and environment (department) or a county, district, or regional health agency (public health agency) upon request. A producer selling products under the CCFA is required to register with the department before selling. The department must issue a registration number to each producer and maintain an electronic registry of producers. A producer may earn up to $150,000 of net revenues under the CCFA each calendar year, increased from $10,000 . The department is required to adjust this cap annually for inflation. The act authorizes a public 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. If a public health agency determines that, on 3 separate occasions within 12 months, a producer has misbranded food that requires time and temperature control for safety or failed to comply with requirements related to food that requires time and temperature control for safety, the producer shall not sell foods that require time and temperature control. The act creates the cottage foods cash fund (cash fund) and transfers $300,000 into the cash fund ($200,000 from the medication administration cash fund and $100,000 from the assisted living residence cash fund). The act also appropriates $119,354 to the department to implement the act. (Note: This summary applies to this bill as enacted.)

Official activity

Bill history

  1. Governor SignedGovernor
  2. Sent to the GovernorGovernor
  3. Signed by the President of the SenateSenate
  4. Signed by the Speaker of the HouseHouse
  5. House Considered Senate Amendments - Result was to Concur - RepassHouse
  6. Senate Third Reading Passed - No AmendmentsSenate
  7. Senate Second Reading Special Order - Passed with Amendments - CommitteeSenate
  8. Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the WholeSenate
  9. Senate Committee on Finance Refer Amended to AppropriationsSenate
  10. Senate Committee on Agriculture & Natural Resources Refer Amended to FinanceSenate
  11. Introduced In Senate - Assigned to Agriculture & Natural ResourcesSenate
  12. House Third Reading Passed with Amendments - FloorHouse
  13. House Second Reading Special Order - Passed with Amendments - Committee, FloorHouse
  14. House Committee on Appropriations Refer Amended to House Committee of the WholeHouse
  15. House Committee on Agriculture, Water & Natural Resources Refer Amended to AppropriationsHouse
  16. Introduced In House - Assigned to Agriculture, Water & Natural ResourcesHouse

Changes

Amendments

13 stored

L.004

This amendment allows Colorado home food producers to sell up to five types of refrigerated foods and meat products, while raising the annual sales limit from $10,000 to $150,000.

L.005

This amendment adds new rules requiring cottage food producers to register with a state department and display specific contact information on their product labels starting in January 2027.

L.006

This amendment adds new safety rules for homemade food sellers by requiring them to follow specific temperature guidelines, avoid touching ready-to-eat foods with bare hands, and clarifies that certain conditions may cause illness.

L.007

This amendment adds a rule that stops producers from selling refrigerated foods if they have been caught breaking safety or labeling rules three times in one year.

L.008

This amendment changes the bill's wording to require producers to list specific individual food products instead of just general types when selling homemade foods.

L.011

This amendment creates a new fund for cottage food programs by moving money from two existing funds and sets specific dates when the rules will start.

L.013

This amendment adds rules allowing local health agencies to randomly inspect home kitchens and set training requirements for cottage food producers.

L.014

This amendment adds a rule that the new laws for selling homemade refrigerated and meat foods will automatically end on September 1, 2028.

L.020

This amendment updates the rules for homemade food sales to allow meat products that are either federally inspected or exempt from inspection, clarifies how health agencies handle illness complaints by charging only direct costs, and sets a future start date of January 1, 2027, for specific new laws.

L.024

This amendment updates the rules for homemade food sellers to require a website address on labels, change how similar products are counted, and adjust when producers must pay fees.

L.017

This amendment fixes a typo in the bill's report and adds funding for new staff to help manage expanded rules for homemade food sales.

L.018

This amendment changes the rules for homemade food sellers to allow them to offer up to five different versions of a single type of food product instead of selling up to five completely different products.

L.019

This amendment changes the rule so that health agencies can take action if a food producer is suspected of causing an injury or illness outbreak.