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HB26-1033 • 2026

Expanding the Colorado Cottage Foods Act

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 (prod

Taxes

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rep. M. Duran, Rep. R. Gonzalez
Last action: 2026-02-26
Official status: House Committee on Agriculture, Water & Natural Resources Refer Amended to Appropriations
Effective date: Not listed

Plain English Breakdown

The official source material does not provide information about revenue caps or specific fine amounts imposed by health agencies, which were removed from the candidate explanation.

Expanding the Colorado Cottage Foods Act

This bill expands the Colorado Cottage Foods Act to allow producers to sell refrigerated and meat-containing homemade foods by requiring food safety training.

What This Bill Does

Allows producers to sell refrigerated and meat-containing homemade foods under the Colorado Cottage Foods Act (CCFA).
Requires producers selling refrigerated or time-temperature controlled foods to complete a food safety course and maintain proof of completion.

Who It Names or Affects

Producers who sell homemade foods under the Colorado Cottage Foods Act.
County, district, or regional health agencies responsible for inspecting these foods.

Terms To Know

Nonpotentially hazardous: Foods that do not require refrigeration and are generally safe to consume without special handling.
Time and temperature control: The process of maintaining food at specific temperatures to prevent bacterial growth and ensure safety.

Limits and Unknowns

The bill does not apply to the sale of raw milk, low-acid canned foods, fermented or acidified foods requiring time-temperature control, alcohol beverages, cannabinoid-containing products, or smoked food used as a preservation method.
It is unclear how producers will be affected if a referendum petition is filed against this act.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.004

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: The amendment modifies the Colorado Cottage Foods Act to allow producers to sell up to five types of refrigerated foods and meat products, with certain conditions.

Adds a new section allowing producers to sell up to five types of foods that need refrigeration or temperature control for safety.
Requires producers to provide a list of such foods to health agencies upon request.
Limits the gross revenue from selling these foods to $150,000 per year.
Modifies language related to exemptions and inspections.

The exact impact on current regulations is not fully explained in the amendment text provided.

L.005

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: The amendment to HB26-1033 adds new requirements for cottage food producers in Colorado, including mandatory registration starting January 1, 2027, and specific labeling information.

Requires cottage food producers to register with the Department before selling any food under this act as of January 1, 2027.
Adds a new requirement for labels on cottage foods to include the producer's name, registration number, address in which the food was prepared, and contact information.
Establishes that the department or local health agencies may create and maintain an electronic registry of producers available on their public website.

The exact details of how the registration process will work are not specified in this amendment text.

L.006

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: The amendment to HB26-1033 adds new rules for producers selling homemade foods under the Colorado Cottage Foods Act, focusing on temperature control and food handling practices.

Adds a requirement that producers must follow specific cooking, cooling, and holding temperatures set by the Department of Public Health and Environment.
Inserts 'holding' after 'appropriate' to clarify the type of storage conditions needed for foods sold under this act.
Includes a new rule prohibiting bare-hand contact with ready-to-eat foods.

The amendment text does not provide specific details about how these rules will be enforced or what penalties might apply if they are not followed.

L.007

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: The amendment adds a new rule that if a food producer mislabels or fails to follow safety rules for foods needing refrigeration three times in one year, they cannot sell any foods that need temperature control.

Adds a penalty where producers who repeatedly violate labeling or safety rules for refrigerated foods lose the right to sell such foods.

The exact consequences and enforcement details are not provided in the amendment text.

L.008

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: The amendment changes the language in the bill to specify individual food products instead of general types of foods.

Changes 'TYPES OF FOODS THAT REQUIRE' to 'INDIVIDUAL FOOD PRODUCTS OF ONE TYPE OF FOOD THAT REQUIRES'
Replaces 'SET THE FOODS' with 'SPECIFY THE INDIVIDUAL FOOD PRODUCTS'
Modifies 'FOOD' to 'FOOD PRODUCTS' in several places

The amendment does not provide details on what specific food products will be allowed under the Colorado Cottage Foods Act.

Bill History

2026-02-26 House
House Committee on Agriculture, Water & Natural Resources Refer Amended to Appropriations
2026-01-14 House
Introduced In House - Assigned to Agriculture, Water & Natural Resources

Official Summary Text

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.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0535.02 Yelana Love x2295 HOUSE BILL 26-1033
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
CONCERNING EXPANDING THE SCOPE OF THE "COLORADO COTTAGE101
FOODS ACT".102
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.
HOUSE SPONSORSHIP
Gonzalez R. and Duran,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "Tamale2
Act".3
SECTION 2. In Colorado Revised Statutes, 25-4-1614, amend4
(2)(a), (2)(b), (2)(c), (4), (9)(b), and (9)(c) introductory portion; repeal5
(2)(e); and add (8.5) as follows:6
25-4-1614. Home kitchens - exemption - food inspection - short7
title - applicability - definitions - rules.8
(2) (a) (I) A producer may use his or her THEIR home kitchen or9
a commercial, private, or public kitchen to produce NONPOTENTIALLY10
HAZARDOUS foods for sale only if the producer sells the foods directly to11
informed end consumers. T HESE FOODS INCLUDE PICKLED FRUITS AND12
VEGETABLES, SPICES, TEAS, DEHYDRATED PRODUCE, NUTS, SEEDS, HONEY,13
JAMS, JELLIES, PRESERVES, FRUIT BUTTER, FLOUR, BAKED GOODS, CANDIES,14
FRUIT EMPANADAS, TORTILLAS, AND OTHER NONPOTENTIALLY HAZARDOUS15
FOODS.16
(II) A PRODUCER MAY USE THEIR HOME KITCHEN TO PRODUCE AND17
SELL FOODS THAT REQUIRE TIME AND TEMPERATURE CONTROL FOR18
SAFETY, INCLUDING TAMALES, BURRITOS, AND TORTAS.19
(III) A PERSON MAY SELL WHOLE EGGS UNDER THIS SECTION ;20
EXCEPT THAT A PERSON MAY NOT SELL MORE THAN TWO HUNDRED FIFTY21
HB26-1033-2-
DOZEN WHOLE EGGS PER MONTH UNDER THIS SECTION. A PERSON SELLING1
WHOLE EGGS MUST MEET THE REQUIREMENTS OF SECTION 35-21-105.2
(IV) T HE FINAL FOOD PRODUCT SHALL NOT BE COOLED AND3
REHEATED BEFORE BEING SOLD.4
(b) (I) A producer is permitted under this section to sell only a5
limited range of foods that have been produced, processed, or packaged6
that are nonpotentially hazardous and do not require refrigeration. These7
foods include pickled fruits and vegetables, spices, teas, dehydrated8
produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour,9
and baked goods, including candies, fruit empanadas, and tortillas, and10
other nonpotentially hazardous foods. THAT SELLS FOOD THAT REQUIRES11
TIME AND TEMPERATURE CONTROL FOR SAFETY SHALL ENSURE THAT ANY12
MEAT OR MEAT PRODUCT USED IN THE PRODUCTION OF FOOD UNDER THIS13
SECTION:14
(A) HAS BEEN FEDERALLY OR STATE INSPECTED AND BEARS THE15
MARK OF INSPECTION; OR16
(B) S ATISFIES AN EXEMPTION FROM INSPECTION , SUCH AS THE17
FEDERAL EXEMPTIONS FOR POULTRY PRODUCERS THAT PROCESS FEWER18
THAN TWENTY THOUSAND POULTRY.19
(II) A person may sell whole eggs under this section; except that20
a person may not sell more than two hundred fifty dozen whole eggs per21
month under this section. A person selling whole eggs must meet the22
requirements of section 35-21-105, C.R.S. IF A FOOD PRODUCT REQUIRES23
TIME AND TEMPERATURE CONTROL FOR SAFETY , THE PRODUCER SHALL24
MAINTAIN THE FOOD PRODUCT AT AN APPROPRIATE TEMPERATURE TO25
PROTECT FOOD SAFETY UNTIL THE TIME OF SALE.26
(III) IF A PRODUCER TRANSPORTS A FOOD PRODUCT THAT REQUIRES27
HB26-1033-3-
TIME AND TEMPERATURE CONTROL FOR SAFETY BEFORE FINAL DELIVERY1
TO AN INFORMED END CONSUMER , THE PRODUCER SHALL MAINTAIN THE2
FOOD PRODUCT AT AN APPROPRIATE TEMPERATURE TO PROTECT FOOD3
SAFETY DURING TRANSPORT, SHALL NOT TRANSPORT THE FOOD PRODUCT4
MORE THAN ONCE, AND SHALL NOT TRANSPORT THE FOOD PRODUCT FOR5
LONGER THAN TWO HOURS.6
(c) (I) A pr oducer must SHALL take a food safety course that7
includes basic food handling training and is comparable to, or is, a course8
given by the Colorado state university extension service or a state, county,9
or district public health agency and must SHALL maintain a status of good10
standing in accordance with the course requirements, including attending11
any additional classes if necessary.12
(II) A PRODUCER THAT SELLS FOOD PRODUCTS THAT REQUIRE TIME13
AND TEMPERATURE CONTROL FOR SAFETY SHALL TAKE A FOOD SAFETY14
COURSE THAT INCLUDES FOOD HANDLING TRAINING CONCERNING TIME15
AND TEMPERATURE CONTROL AND ACQUIRE AND MAINTAIN PROOF OF16
COURSE COMPLETION AND A STATUS OF GOOD STANDING IN ACCORDANCE17
WITH THE COURSE REQUIREMENTS , INCLUDING ATTENDING ADDITIONAL18
CLASSES IF NECESSARY. THE DEPARTMENT MAY APPROVE COURSES THAT19
PROVIDE THE TRAINING SPECIFIED IN THIS SUBSECTION (2)(c)(II).20
(e) This section applies only to producers who earn net revenues21
of ten thousand dollars or less per calendar year from the sale of each22
eligible food product produced in the producer's home kitchen or a23
commercial, private, or public kitchen.24
(4) (a) A food product produced pursuant to this section is subject25
to food sampling and inspection by the department or a county, district,26
or regional health agency pursuant to section 25-5-406 if it is determined27
HB26-1033-4-
that the food product is misbranded pursuant to subsection (3) of this1
section or if a consumer complaint has been received or if the product is2
suspected in an injury or food-borne illness outbreak.3
(b) I F A COUNTY , DISTRICT , OR REGIONAL HEALTH AGENCY4
INSPECTS A FOOD PRODUCT PRODUCED PURSUANT TO THIS SECTION AND5
DETERMINES THAT THE FOOD PRODUCT IS MISBRANDED OR CAUSED AN6
INJURY OR FOOD-BORNE ILLNESS OUTBREAK, THE HEALTH AGENCY MAY:7
(I) IMPOSE A FINE FOR A VIOLATION OF THIS SECTION, WHICH FINE8
MUST NOT EXCEED A TOTAL OF ONE HUNDRED DOLLARS FOR THE9
VIOLATION; AND10
(II) R ECOVER FROM THE PRODUCER THE COST OF THE11
INVESTIGATION OR INSPECTION , WHICH COST MUST NOT EXCEED ONE12
THOUSAND DOLLARS.13
(8.5) THIS SECTION DOES NOT APPLY TO THE SALE OF RAW MILK ; 14
LOW-ACID CANNED FOOD PRODUCTS ; FERMENTED OR ACIDIFIED FOOD15
PRODUCTS THAT REQUIRE TIME AND TEMPERATURE CONTROL FOR SAFETY;16
FOOD PRODUCTS THAT ARE ALCOHOL BEVERAGES OR THAT CONTAIN17
CANNABINOIDS; OR FOOD PRODUCTS THAT ARE PRODUCED WITH SMOKING18
USED AS A PRESERVATION METHOD AND NOT FOR FL AVOR, REDUCED19
OXYGEN PROCESSING, OR CURING.20
(9) As used in this section:21
(b) "Nonpotentially hazardous" has the meaning set forth in22
section 25-4-1602 (12) "MEAT OR MEAT PRODUCTS " HAS THE MEANING23
SET FORTH IN SECTION 35-33-103 (8).24
(c) "Producer" means a person who THAT prepares nonpotentially25
hazardous foods in a home kitchen or similar venue for sale directly to26
consumers pursuant to this section and includes that person's designated27
HB26-1033-5-
representative. A producer may only be:1
SECTION 3. In Colorado Revised Statutes, 35-36-102, amend2
(8)(b)(II) and (12)(b)(II) as follows:3
35-36-102. Definitions.4
As used in this article 36, unless the context otherwise requires:5
(8) (b) "Commodity handler" does not include:6
(II) A producer as defined in the "Colorado Cottage Foods Act",7
section 25-4-1614 (9)(c). who earns net revenues of ten thousand dollars8
or less per calendar year from the sale of each eligible food product.9
(12) (b) "Dealer" does not include:10
(II) A producer as defined in the "Colorado Cottage Foods Act",11
section 25-4-1614 (9)(c). who earns net revenues of ten thousand dollars12
or less per calendar year from the sale of each eligible food product.13
SECTION 4. Act subject to petition - effective date -14
applicability. (1) This act takes effect at 12:01 a.m. on the day following15
the expiration of the ninety-day period after final adjournment of the16
general assembly (August 12, 2026, if adjournment sine die is on May 13,17
2026); except that, if a referendum petition is filed pursuant to section 118
(3) of article V of the state constitution against this act or an item, section,19
or part of this act within such period, then the act, item, section, or part20
will not take effect unless approved by the people at the general election21
to be held in November 2026 and, in such case, will take effect on the22
date of the official declaration of the vote thereon by the governor.23
(2) This act applies to conduct occurring on or after the applicable24
effective date of this act.25
HB26-1033-6-