KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Colorado

HB26-1033 • 2026

Expanding the Colorado Cottage Foods Act

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 (produ

Budget Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. M. Duran, Rep. R. Gonzalez, Sen. B. Pelton, Sen. R. Rodriguez, Rep. C. Barron, Rep. J. Caldwell, Rep. M. Lindsay, Rep. J. Mabrey, Rep. M. Martinez, Rep. T. Mauro, Rep. K. Nguyen, Rep. J. Phillips, Rep. C. Richardson, Rep. N. Ricks, Rep. M. Rutinel, Rep. M. Soper, Rep. T. Winter, Sen. M. Ball, Sen. A. Benavidez, Sen. S. Bright, Sen. J. Carson, Sen. J. Coleman, Sen. L. Cutter, Sen. T. Exum, Sen. L. Frizell, Sen. J. Gonzales, Sen. N. Hinrichsen, Sen. I. Jodeh, Sen. C. Kipp, Sen. B. Kirkmeyer, Sen. W. Lindstedt, Sen. L. Liston, Sen. J. Marchman, Sen. K. Mullica, Sen. R. Pelton, Sen. M. Snyder, Sen. K. Wallace
Last action
2026-06-04
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The effective date is not explicitly listed in the provided metadata field, though the bill was signed on June 4, 2026.

Expanding the Colorado Cottage Foods Act (The Tamale Act)

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 This Bill 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 Names or 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

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.

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.

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: 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.

  • Producers can now sell packaged homemade foods that need time and temperature control for safety, such as those requiring refrigeration or containing meat.
  • A producer is limited to selling no more than five different types of these high-risk food items at any given time.
  • The maximum annual gross revenue allowed per eligible food product increases from $10,000 to $150,000 and will be adjusted yearly for inflation.
  • Producers must package refrigerated foods in their home kitchen or a commercial, private, or public kitchen.
  • The text does not specify the exact list of meat products allowed beyond referencing federal exemptions.
  • It is unclear how producers will be monitored to ensure they do not create multiple business entities just to bypass the revenue cap.
L.005

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: 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.

  • Producers must get an official registration number from the Department before selling any homemade foods under this law.
  • Food products sold by these producers must have a label showing the producer's name, address, phone or email, and their new department-issued registration number.
  • The state will create a public online list of registered producers that anyone can view on the Department's website.
  • This amendment only changes how labels look and adds registration rules; it does not explain which specific types of refrigerated or meat foods are allowed to be sold.
  • The text mentions a voluntary registry but does not list all the details about what information will appear on that public website.
L.006

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: 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.

  • Sellers must now follow cooking, cooling, and holding temperatures set by the state department's rules.
  • Producers are not allowed to touch food that is ready to eat without wearing gloves or using other protection.
  • The bill changes a warning statement from saying something 'caused' illness to saying it 'may cause' illness.
  • The exact temperature numbers and specific rules are not listed in this amendment text; they will be decided later by the state department.
  • This summary only covers the changes made by Amendment L.006, not all parts of the original bill.
L.007

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: 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.

  • Health officials can check if a producer has mislabeled food or failed to follow safety rules for items needing temperature control on three separate occasions within twelve months.
  • If those three violations happen, the producer is banned from selling any foods that require time and temperature controls under this law.
  • The text does not explain what happens if a producer violates these rules fewer than three times or how long the ban lasts after it starts.
  • This amendment only applies to food requiring refrigeration, so it does not change rules for other types of homemade foods.
L.008

HOU Agriculture, Water & Natural Resources

Passed [*]

Plain English: 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.

  • The text now requires listing 'individual food products' rather than broad categories like 'types of foods'.
  • Producers must specify each exact product they sell, such as a specific type of yogurt or meat dish, instead of naming the general group.
  • The amendment only changes words and does not explain exactly which new refrigerated or meat foods are allowed.
  • It is unclear how this change affects small producers who sell many different items without seeing more details in the full bill text.
L.011

HOU Appropriations

Passed [*]

Plain English: 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.

  • Creates a new 'Cottage Foods Cash Fund' in the state treasury to hold money for these programs.
  • Moves $200,000 from the Medication Administration Cash Fund into the new Cottage Foods fund on July 1, 2026.
  • Moves $100,000 from the Assisted Living Residence Cash Fund into the new Cottage Foods fund on July 1, 2026.
  • The amendment text does not explain exactly how the money in the new fund will be spent or what specific projects it supports.
  • Some parts of this change are scheduled to expire and stop working on July 1, 2028.
L.013

HOU Appropriations

Passed [*]

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

  • County or district public health agencies can now do random inspections of a producer's home kitchen.
  • Local health agencies may create extra training rules for people selling homemade foods.
  • Agencies can require corrective action plans and follow-up checks if problems are found during an inspection.
  • The amendment states these actions must be done at minimal cost to the producer, but it does not define exactly what 'minimal cost' means.
  • This text only changes a committee report and does not show how the main bill's laws would change if this report is adopted.
L.014

HOU Appropriations

Passed [*]

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

  • It schedules Section (11) of the bill to be repealed effective September 1, 2028.
  • It adds a requirement that this section must be reviewed by lawmakers before it is removed.
  • The amendment text only describes changes to legal citations and dates without explaining exactly which specific food rules will stop working after the repeal date.
L.020

SEN Agriculture & Natural Resources

Passed [*]

Plain English: 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.

  • Allows the sale of homemade foods containing meat if they have been federally inspected with an official mark or qualify for a federal or state inspection exemption.
  • Clarifies that health agencies can require corrective actions and extra testing after food illness complaints but may only charge producers for their direct costs.
  • Removes language suggesting certain rules will be repealed, ensuring the regulations remain in place as written.
  • The amendment text does not explain exactly which types of meat or poultry qualify for exemptions without inspection.
  • Specific details about what 'local response procedures' include beyond examples like training and testing are not fully defined in this text.
  • The exact content of the sections removed on page 8 is unknown because only their removal is listed, not their original wording.
L.024

SEN Finance

Passed [*]

Plain English: 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.

  • Labels must now include a specific website where customers can report sick foods or check if a seller is registered.
  • The rule counting different types of homemade food changes to count variations of the same product instead of just any refrigerated item.
  • Producers will have to pay their registration fee once every year instead of at other times.
  • A specific reporting requirement for producers must now happen every month.
  • The amendment text does not explain exactly which website address the Department will provide or how it works.
  • It is unclear from this short list what 'variations of one food product' means in real life compared to other products.
L.017

Second Reading

Passed [**]

Plain English: 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.

  • It corrects a spelling mistake by changing 'COMPLIANT-RESPONSE' to 'COMPLAINT RESPONSE'.
  • It clarifies that certain health departments can act as county or regional public health agencies when enforcing the law.
  • It provides $119,354 from the cottage foods cash fund for the 2026-27 budget year.
  • The amendment text only describes changes to a committee report and does not explain exactly how many new workers will be hired or what specific tasks they will do beyond general program implementation.
  • Some parts of the original bill regarding meat products are mentioned in metadata but are not detailed in this specific amendment text.
L.018

Second Reading

Passed [**]

Plain English: 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.

  • Sellers can now make and sell one specific kind of food with up to five variations, such as different flavors or sizes.
  • The rule no longer limits sellers to having only five separate types of food items in their inventory.
  • The amendment text refers to a committee report from February 2026 and specific legal sections that are not fully explained here, so the exact list of foods allowed is unclear.
  • It mentions an exception for subsection (2)(b)(II), but the details of what that exception covers are not included in this document.
L.019

Third Reading

Passed

Plain English: 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.

  • The bill now allows state, county, district, or regional health agencies to implement actions against producers.
  • The amendment text only shows the new sentence and does not explain what specific actions the health agencies can take.
  • It is unclear from this short excerpt exactly how these powers differ from the original bill language that was removed.

Bill History

  1. 2026-06-04 Governor

    Governor Signed

  2. 2026-05-18 Governor

    Sent to the Governor

  3. 2026-05-18 Senate

    Signed by the President of the Senate

  4. 2026-05-18 House

    Signed by the Speaker of the House

  5. 2026-05-13 House

    House Considered Senate Amendments - Result was to Concur - Repass

  6. 2026-05-12 Senate

    Senate Third Reading Passed - No Amendments

  7. 2026-05-11 Senate

    Senate Second Reading Special Order - Passed with Amendments - Committee

  8. 2026-05-11 Senate

    Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole

  9. 2026-05-11 Senate

    Senate Committee on Finance Refer Amended to Appropriations

  10. 2026-05-07 Senate

    Senate Committee on Agriculture & Natural Resources Refer Amended to Finance

  11. 2026-05-01 Senate

    Introduced In Senate - Assigned to Agriculture & Natural Resources

  12. 2026-04-30 House

    House Third Reading Passed with Amendments - Floor

  13. 2026-04-29 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  14. 2026-04-28 House

    House Committee on Appropriations Refer Amended to House Committee of the Whole

  15. 2026-02-26 House

    House Committee on Agriculture, Water & Natural Resources Refer Amended to Appropriations

  16. 2026-01-14 House

    Introduced In House - Assigned to Agriculture, Water & Natural Resources

Official Summary Text

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.)

Current Bill Text

Read the full stored bill text 
HOUSE BILL 26-1033
BY REPRESENTATIVE(S) Gonzalez R. and Duran, Caldwell, Lindsay,
Martinez, Mauro, Nguyen, Richardson, Ricks, Rutinel, Winter T., Barron,
Mabrey, Phillips, Soper;
also SENATOR(S) Rodriguez and Pelton B., Ball, Benavidez, Bright,
Carson, Cutter, Exum, Frizell, Gonzales J., Hinrichsen, Jodeh, Kipp,
Kirkmeyer, Lindstedt, Liston, Marchman, Mullica, Pelton R., Snyder,
Wallace, Coleman.
CONCERNING EXPANDING THE SCOPE OF THE "COLORADO COTT AGE FOODS
ACT", AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Short title. The short title of this act is the "Tamale
Act".
SECTION 2. In Colorado Revised Statutes, 25-4-1614, amend
(2)(a), (2)(b), (2)(c), (2)(e), (3)(a)(II), (3)(a)(IV), (4), (7), (8), (9)(b), and
(9)(c) introductory portion; and add (3)(a)(VI) and (8.5) as follows:
25-4-1614. Home kitchens -exemption -food inspection -short
title -applicability -definitions -rules.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(2) (a) (I) A producer may use his or het THEIR home kitchen or a
commercial, private, or public kitchen to produce NONPOTENTIALL Y
HAZARDOUS foods for sale only if the prndueer sells the foods directly to
informed end consumers. THESE FOODS INCLUDE PICKLED FRUITS AND
VEGETABLES, SPICES, TEAS, DEHYDRATED PRODUCE, NUTS, SEEDS, HONEY,
JAMS, JELLIES, PRESERVES, FRUIT BUTTER, FLOUR, BAKED GOODS, CANDIES,
FRUIT EMPANADAS, TORTILLAS, AND OTHER NONPOTENTIALLY HAZARDOUS
FOODS.
(II) A PRODUCER MAY USE THEIR HOME KITCHEN TO PRODUCE AND
SELL PACKAGED FOODS THAT REQUIRE TIME AND TEMPERATURE CONTROL
FOR SAFETY, INCLUDING TAMALES, BURRITOS, AND TORTAS. A PRODUCER
MAY SELL ONE TYPE OF FOOD PRODUCT THAT REQUIRES TIME AND
TEMPERATURE CONTROL FOR SAFETY, WITH THE ABILITY TO OFFER UP TO
FIVE 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 OR A COUNTY, DISTRICT, OR REGIONAL
HEALTH AGENCY UPON REQUEST. A PRODUCER MAY CHANGE THE FOOD
PRODUCTS THAT REQUIRE TIME AND TEMPERATURE CONTROL FOR SAFETY,
AS LONG AS THE PRODUCER IS NOT SELLING MORE THAN FIVE VARIATIONS OF
ONE FOOD PRODUCT THAT REQUIRES TIME AND TEMPERATURE CONTROL FOR
SAFETY AT ANY GIVEN TIME. THE PRODUCER MUST PACKAGE FOOD
PRODUCTS REQUIRING TIME AND TEMPERATURE CONTROL IN THE
PRODUCER'S HOME KITCHEN OR A COMMERCIAL, PRIVATE, OR PUBLIC
KITCHEN.
(III) A PERSON MAY SELL WHOLE EGGS UNDER THIS SECTION; EXCEPT
THAT A PERSON MAY NOT SELL MORE THAN TWO HUNDRED FIFTY DOZEN
WHOLE EGGS PER MONTH UNDER THIS SECTION. A PERSON SELLING WHOLE
EGGS MUST MEET THE REQUIREMENTS OF SECTION 35-21-105.
(IV) THE FINAL FOOD PRODUCT SHALL NOT BE COOLED AND
REHEATED BEFORE BEING SOLD.
(b) (I) A producer is permitted under this section to sell only a
limited range of foods that have been pt odnced, pt ocessed, 01 packaged that
ate nonpotentially hazardous and do not t eqnit e I efi: iger ation. These foods
include pickled ft nits and vegetables, spices, teas, dehydrated pt oduce, nuts,
PAGE 2-HOUSE BILL 26-1033
seeds, honey, jams, jellies, pr eser v es, fruit butter, flour, and baked goods,
including candies, ft uit empanadas, and tortillas, and other nonpotentially
hazardous foods. THAT SELLS FOOD THAT REQUIRES TIME AND TEMPERATURE
CONTROL FOR SAFETY SHALL ENSURE THAT ANY MEAT OR MEAT PRODUCT
USED IN THE PRODUCTION OF FOOD UNDER THIS SECTION:
(A) H AS BEEN FEDERALLY INSPECTED AND BEARS THE MARK OF
INSPECTION; OR
(B) SATISFIES AN EXEMPTION FROM INSPECTION, SUCH AS A FEDERAL
OR STATE EXEMPTION FORA POULTRY PRODUCER.
(11) A person may sell whole eggs under this section, except that a
person may not sell more than two hundred fifey dozen whole eggs per
month undet this section. A petson selling whole eggs must meet the
tequitements of section 35-21-105, C.R.S. IF A FOOD PRODUCT REQUIRES
TIME AND TEMPERATURE CONTROL FOR SAFETY, THE PRODUCER SHALL
FOLLOW ALL COOKING, COOLING, AND HOLDING TEMPERA TURES AS
SPECIFIED IN RULES ADOPTED BY THE DEPARTMENT PURSUANT TO SECTION
25-4-1604 (1 )(b) TO PROTECT FOOD SAFETY UNTIL THE TIME OF SALE.
(111) IF A PRODUCER TRANSPORTS A FOOD PRODUCT THAT REQUIRES
TIME AND TEMPERATURE CONTROL FOR SAFETY BEFORE FINAL DELIVERY TO
AN INFORMED END CONSUMER, THE PRODUCER SHALL MAINTAIN THE FOOD
PRODUCT AT AN APPROPRIATE HOLDING TEMPERATURE TO PROTECT FOOD
SAFETY DURING TRANSPORT, SHALL NOT TRANSPORT THE FOOD PRODUCT
MORE THAN ONCE, AND SHALL NOT TRANSPORT THE FOOD PRODUCT FOR
LONGER THAN TWO HOURS.
(IV) A PRODUCER SHALL NOT MAKE BARE-HAND CONTACT WITH
READY-TO-EAT FOODS SOLD UNDER THIS SECTION.
( c) (I) A producer must SHALL take a food safety course that
includes basic food handling training and is comparable to, or is, a course
given by the Colorado state university extension service or a state, county,
or district public health agency and must SHALL maintain a status of good
standing in accordance with the course requirements, including attending
any additional classes if necessary.
(II) A PRODUCER THAT SELLS FOOD PRODUCTS THAT REQUIRE TIME
PAGE 3-HOUSE BILL 26-1033
AND TEMPERATURE CONTROL FOR SAFETY SHALL TAKE A FOOD SAFETY
COURSE THAT INCLUDES FOOD HANDLING TRAINING CONCERNING TIME AND
TEMPERATURE CONTROL AND ACQUIRE AND MAINTAIN PROOF OF COURSE
COMPLETION AND A STATUS OF GOOD STANDING IN ACCORDANCE WITH THE
COURSE REQUIREMENTS, INCLUDING ATTENDING ADDITIONAL CLASSES IF
NECESSARY. THE DEPARTMENT MAY APPROVE COURSES THAT PROVIDE THE
TRAINING SPECIFIED IN THIS SUBSECTION (2)( c )(II).
( e) This section applies only to producers who THAT earn net GROSS
revenues of ten ONE HUNDRED FIFTY thousand dollars or less per calendar
year from the sale of each eligible food product produced in the pr oducet 's
home kitchen or a commercial, private, 01 public kitchen FOOD PERMITTED
UNDER THIS SECTION. THEDEPARTMENTSHALLANNUALLY ADJUST THE CAP
FOR INFLATION. THE DEPARTMENT MAY ROUND THE ADJUSTED AMOUNT
UPWARD TO THE NEAREST DOLLAR. INFLATION IS MEASURED BY THE ANNUAL
PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR'S
BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX, OR A SUCCESSOR
INDEX, FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY
URBAN CONSUMERS. A PRODUCER SHALL NOT ESTABLISH, REORGANIZE, OR
OPERA TE MULTIPLE ENTITIES OR CONTRACTUAL ARRANGEMENTS FOR THE
PURPOSE OF CIRCUMVENTING THIS REVENUE CAP.
(3) (a) A food product sold under this section must have an affixed
label that includes at least:
(II) The producer's name, DEPARTMENT-ISSUED REGISTRATION
NUMBER, the: address at COUNTY IN which the food was prepared, and the
producer's current telephone number or electronic mail address;
(IV) A complete list of ingredients; and
(VI) A WEBSITE ADDRESS PROVIDED BY THE DEPARTMENT THAT
INCLUDES CONT ACT INFORMATION FOR CONSUMERS TO REPORT FOOD-BORNE
ILLNESSES, HOW TO VERIFY A PRODUCER'S ACTIVE REGISTRATION, AND HOW
TO REPORT ISSUES REGARDING A PRODUCER'S REGISTRATION STATUS.
(4) (a) A food product produced pursuant to this section is subject
to food sampling and inspection by the department or a county, district, or
regional health agency pursuant to section 25-5-406 if it is determined that
the food product is misbranded pursuant to subsection (3) of this section or
PAGE 4-HOUSE BILL 26-1033
if a consumer complaint has been received or if the product is suspected in
an injury or food-borne illness outbreak.
(b) IF A CONSUMER COMPLAINT OF FOOD-BORNE ILLNESS HAS BEEN
RECEIVED, OR IF A PRODUCT IS SUSPECTED IN AN INJURY OR FOOD-BORNE
ILLNESS OUTBREAK, THE DEPARTMENT OR A COUNTY, DISTRICT, OR
REGIONAL HEALTH AGENCY MAY IMPLEMENT LOCAL RESPONSE PROCEDURES,
INCLUDING CORRECTIVE ACTION PLANS, ADDITIONAL FOOD SAMPLING TESTS,
AND ADDITIONAL TRAINING REQUIREMENTS FOR THE PRODUCER. THE
DEPARTMENT OR A COUNTY, DISTRICT, OR REGIONAL HEALTH AGENCY MAY
CHARGE A PRODUCER ONLY THE DIRECT COSTS INCURRED UNDER THIS
SUBSECTION (4)(b).
(c) IF THE DEPARTMENT OR A COUNTY, DISTRICT, OR REGIONAL
HEAL TH AGENCY INSPECTS A FOOD PRODUCT PRODUCED PURSUANT TO THIS
SECTION AND DETERMINES THAT THE FOOD PRODUCT IS MISBRANDED OR
MAY CAUSE AN INJURY OR FOOD-BORNE ILLNESS OUTBREAK, THE
DEPARTMENT OR HEALTH AGENCY MAY:
(I) IMPOSE A FINE FOR A VIOLATION OF THIS SECTION, WHICH FINE
MUST NOT EXCEED A TOTAL OF ONE HUNDRED DOLLARS FOR THE VIOLATION;
AND
(II) RECOVER FROM THE PRODUCER THECOSTOFTHEINVESTIGATION
OR INSPECTION, WHICH COST MUST NOT EXCEED ONE THOUSAND DOLLARS.
(d) IF THE DEPARTMENT OR A COUNTY, DISTRICT, OR REGIONAL
HEALTH AGENCY DETERMINES THAT, ON THREE SEPARATE OCCASIONS
WITHIN TWELVE MONTHS, A PRODUCER HAS MISBRANDED FOOD TI-IA T
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 PURSUANT TO THIS
SECTION.
(7) EXCEPT AS PROVIDED IN SUBSECTION (2)(b )(II) OF THIS SECTION,
sections 25-4-1604 to 25-4-1613 do not apply to this section.
(8) (a) A PRODUCER SHALL ANNUALLY REGISTER WITH THE
DEPARTMENT BEFORE SELLING ANY FOOD UNDER THIS SECTION. THE
PAGE 5-HOUSE BILL 26-1033
REGISTRATION MUST INDICATE THE TYPES OF FOOD THE PRODUCER
ANTICIPATES SELLING UNDER THIS SECTION. THE DEPARTMENT SHALL ISSUE
A REGISTRATION NUMBER TO EACH PRODUCER.
(b) The department or a eouney, distr iet, or regional health age1iey
may SHALL create a V ohtntary AND MAINTAIN AN electronic registry of
producers, ifit determines that a registry would be of value to prndueers and
eonsumers UPDATE THE REGISTRY MONTHLY, SHARE THE REGISTRY WITH
EACH COUNTY OR DISTRICT PUBLIC HEALTH AGENCY, AND MAKE THE
REGISTRY AVAILABLE ON THE DEPARTMENT'S PUBLIC-FACING WEBSITE.
(8.5) THIS SECTION DOES NOT APPLY TO THE SALE OF RAW MILK;
LOW-ACID CANNED FOOD PRODUCTS; FERMENTED OR ACIDIFIED FOOD
PRODUCTS THAT REQUIRE TIME AND TEMPERATURE CONTROL FOR SAFETY;
FOOD PRODUCTS THAT ARE ALCOHOL BEVERAGES OR THAT CONTAIN
CANNABINOIDS; OR FOOD PRODUCTS THAT ARE PRODUCED WITH SMOKING
USED ASA PRESERVATIONMETHODANDNOTFORFLAVOR, REDUCED OXYGEN
PROCESSING, OR CURING.
(9) As used in this section:
(b) "Nonpotentially hazardous" has the meaning set forth in seetion
25-4-1602 (12) "MEAT OR MEAT PRODUCTS" HAS THE MEANING SET FORTH
IN SECTION 35-33-103 (8).
( c) "Producer" means a person who THAT prepares nonpotentially
hazardous foods in a home kitchen or similar venue for sale directly to
consumers pursuant to this section and includes that person's designated
representative. A producer may only be:
SECTION 3. In Colorado Revised Statutes, add 25-4-1614.5 as
follows:
25-4-1614.5. Cottage foods cash fund created.
(1) THE COTTAGE FOODS CASH FUND IS CREATED IN THE STATE
TREASURY. THE COTT AGE FOODS CASH FUND CONSISTS OF MONEY CREDITED
TO THE COTTAGE FOODS CASH FUND PURSUANT TO SECTIONS 25-1.5-303
(5)(e) AND 25-27-107.5 (3) AND ANY OTHER MONEY THAT THE GENERAL
ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE COTT AGE FOODS CASH
PAGE 6-HOUSE BILL 26-1033
FUND.
(2) THE ST A TE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE COTT AGE
FOODS CASH FUND TO THE COTTAGE FOODS CASH FUND.
SECTION 4. In Colorado Revised Statutes, 25-1.5-303, add (5)(e)
as follows:
25-1.5-303. Medication reminder boxes or systems -medication
cash fund - repeal.
(5) (e) (I) NOTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION,
ON JULY 1, 2026, THE STATE TREASURER SHALL TRANSFER TWO HUNDRED
THOUSAND DOLLARS FROM THE MEDICATION ADMINISTRATION CASH FUND
CREATED IN SUBSECTION (5)(a) OF THIS SECTION TO THE COTTAGE FOODS
CASH FUND CREATED IN SECTION 25-4-1614.5.
(II) THIS SUBSECTION (5)(e) IS REPEALED, EFFECTIVE JULY 1, 2028.
SECTION 5. In Colorado Revised Statutes, 25-27-107.5, add (3)
as follows:
25-27-107.5. Assisted living residence cash fund created-repeal.
(3) (a) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, ON
JULY 1, 2026, THE STATE TREASURER SHALL TRANSFER ONE HUNDRED
THOUSAND DOLLARS FROM THE ASSISTED LIVING RESIDENCE CASH FUND
CREATED IN SUBSECTION ( 1) OF THIS SECTION TO THE COTT AGE FOODS CASH
FUND CREATED IN SECTION 25-4-1614.5.
(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2028.
SECTION 6. In Colorado Revised Statutes, 35-36-102, amend
(8)(b)(II) and (12)(b)(II) as follows:
35-36-102. Definitions.
As used in this article 36, unless the context otherwise requires:
PAGE 7-HOUSE BILL 26-1033
(8) (b) "Commodity handler" does not include:
(II) A producer as defined in the "Colorado Cottage Foods Act",
section 25-4-1614 (9)(c), who THAT earns net GROSS revenues of ten
thousand dollars or less per calendar y eat ft om the sale of eaeh eligible f-ood
prnduet LESS THAN THE AMOUNT PERMITTED PURSUANT TO SECTION
25-4-1614 (2)(e).
(12) (b) "Dealer" does not include:
(II) A producer as defined in the "Colorado Cottage Foods Act",
section 25-4-1614 (9)( c ), who THAT earns net GROSS revenues of ten
thousartd dollars or less per calendar y eat ft om the sale of eaeh eligible f-ood
prnduet LESS THAN THE AMOUNT PERMITTED PURSUANT TO SECTION
25-4-1614 (2)(e).
SECTION 7. Appropriation. For the 2026-27 state fiscal year,
$119,354 is appropriated to the department of public health and
environment for use by the division of environmental health and
sustainability. This appropriation is from the cottage foods cash fund
created in section 25-4-1614.5 (1), C.R.S., and is based on an assumption
that the division will require an additional 1.0 FTE. To implement this act,
the division may use this appropriation for the cottage foods program.
SECTION 8. Effective date. This act takes effect upon passage;
except that section 25-4-1614, Colorado Revised Statutes, amended in
section 2 of this act, and section 35-36-102, Colorado Revised Statutes,
amended in section 6 of this act, take effect January 1, 2027.
SECTION 9. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 8-HOUSE BILL 26-1033
the support and maintenance of the departments of the state and state
institutions.
J~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
Jared
GOVE
PAGE 9-HOUSE BILL 26-1033
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
0