Colorado Cottage Food Law

HB26-1033 was signed June 4, 2026 and took effect on passage, except that its amendments to C.R.S. § 25-4-1614 take effect January 1, 2027. From that date: the cap becomes $150,000 in gross revenue per calendar year from all permitted food, adjusted annually for inflation; producers must register with CDPHE annually before selling and list their food types; a producer may sell one type of food that requires time and temperature control for safety — such as tamales, burritos, or tortas — with up to five variations, produced in the home kitchen, not cooled and reheated before sale, and transported no more than once and for no longer than two hours; TCS producers take an additional time-and-temperature-control course; meat must be federally inspected and bear the mark of inspection or qualify for an exemption, such as a federal or state poultry exemption. Excluded: raw milk, low-acid canned foods, fermented or acidified foods that require time and temperature control, alcohol beverages, foods containing cannabinoids, and smoking for preservation, reduced-oxygen processing, or curing. Inspection is limited to misbranding, complaints, or suspected illness, with fines up to $100 per violation, cost recovery up to $1,000, and loss of TCS sales after three violations in 12 months.

Pickled fruits and vegetables with a pH of 4.6 or below, including kimchi and sauerkraut, are eligible cottage foods. Sauces and condiments — barbeque, hot, pasta, and pizza sauces, salad dressing, ketchup, mustard, and hot sauce — and salsa are not eligible (CDPHE).

What is the Colorado cottage food revenue cap?

Until December 31, 2026, the Colorado Cottage Foods Act applies only to producers who earn net revenues of $10,000 or less per calendar year from the sale of each eligible food product — each product, including each flavor, has its own $10,000 limit. Starting January 1, 2027, HB26-1033 (the Tamale Act) replaces that with a single cap of $150,000 in gross revenue per calendar year from all permitted food, adjusted annually for inflation.

What is the Colorado Tamale Act (HB26-1033)?

HB26-1033 expands the Colorado Cottage Foods Act. It was signed June 4, 2026, and its changes to the cottage food law (C.R.S. § 25-4-1614) take effect January 1, 2027. It raises the cap to $150,000 gross, requires annual registration with CDPHE, lets a producer sell one type of food that requires time and temperature control — such as tamales, burritos, or tortas — with up to five variations, allows meat only if federally inspected or exempt, and changes the label to show the registration number, county, and a CDPHE website.

Do I need to register with CDPHE?

Not under current law. Starting January 1, 2027, HB26-1033 requires every cottage food producer to register with CDPHE annually before selling and to list the types of food they sell. All producers need a food safety course now; from 2027, producers of TCS foods also need a time-and-temperature-control course.

What goes on a Colorado cottage food label?

C.R.S. § 25-4-1614(3)(a) requires the product's identification; the producer's name, the address where the food was prepared, and a current phone number or email; the date the food was produced; a complete list of ingredients; and this verbatim disclaimer: "This product was produced in a home kitchen that is not subject to state licensure or inspection and that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish. This product is not intended for resale." Every point of sale also needs a placard reading "This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale." From January 1, 2027, the label shows the CDPHE registration number and the county instead of the street address, plus a CDPHE-provided website address.

Can I sell hot sauce or salsa under Colorado cottage food law?

No. CDPHE lists sauces and condiments — including barbeque, hot, pasta, and pizza sauces, salad dressing, ketchup, mustard, and hot sauce — and salsa as ineligible. Pickled fruits and vegetables with a pH of 4.6 or below, such as kimchi and sauerkraut, are eligible.

Can I ship Colorado cottage food across state lines?

No. Colorado cottage foods may be sold only to consumers in Colorado. Online sales and delivery to Colorado buyers are allowed. From January 1, 2027, TCS foods may be transported only once and for no longer than two hours.

Can I sell Colorado cottage food to restaurants or grocery stores?

No. Cottage foods must be sold directly to informed end consumers, and sales to retail food establishments are not allowed. CDPHE allows a store front such as a gift shop to act as the producer's designated representative, and does not allow sales at catered events.