HB1033 expands Colorado’s Cottage Foods Act, which currently allows certain homemade foods to be sold directly to consumers from home or other kitchens. The bill would allow producers to sell additional foods that require refrigeration or other time-and-temperature control for safety, including items such as tamales, burritos, tortas, and certain foods containing meat or meat products, so long as the meat is federally or state inspected or otherwise exempt from inspection. It also requires producers of these higher-risk foods to complete a food safety course with training on time and temperature control and to keep proof of completion and good standing.
The bill also removes the current $10,000 annual net revenue cap for cottage food producers and clarifies that the law does not apply to certain products, including raw milk, low-acid canned foods, fermented or acidified foods requiring time and temperature control, alcoholic beverages, cannabinoid-containing foods, and some smoked, reduced-oxygen, or cured products. It authorizes local health agencies that inspect or investigate cottage food products to impose a fine of up to $100 for violations and to recover inspection or investigation costs up to $1,000. The bill is titled the “Tamale Act.”
Impact
If enacted, HB1033 would amend Colorado’s food safety and cottage food statutes, especially section 25-4-1614, by broadening the list of foods that may be produced and sold under the Cottage Foods Act and by adding new handling, training, and enforcement requirements for foods requiring refrigeration. It would also remove the revenue limitation that currently restricts cottage food sales and update related definitions in title 35 so that certain producers are excluded from commodity handler and dealer provisions. The bill would affect home-based food entrepreneurs, local public health agencies, and consumers purchasing directly from producers.
Sentiment
The bill appears to have generally favorable support, reflected in strong committee and floor votes in both chambers, including several unanimous committee actions and broad final passage margins. The overall tone suggests interest in expanding opportunities for small food producers while adding food-safety safeguards for higher-risk products. The House final vote was more divided than committee votes, indicating some reservations even though the measure advanced comfortably.
Contention
The main points of contention are likely food safety, regulatory oversight, and the expansion of home-based sales into refrigerated and meat-containing products. Supporters appear to favor opening market access for cottage food producers and removing the revenue cap, while opponents or skeptics may be concerned about the risks of time-and-temperature-controlled foods, the adequacy of training, and whether local health agencies should have fine and cost-recovery authority. The split House floor vote on final passage suggests some members remained uneasy about the scope of the expansion even after amendments.