Which laws apply

• Cottage food law

Allowed foods

Allowed (current law, nonpotentially hazardous, no refrigeration): pickled fruits/vegetables (finished pH ≤ 4.6), dry spices, dry teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour, baked goods (muffins, fruit pies, cookies, cakes), candies (incl. cotton candy, fudge), fruit empanadas, tortillas, roasted coffee beans, buttercream made with ghee or vegetable oil, freeze-dried produce; whole eggs up to 250 dozen/month (meet CRS 35-21-105). Not allowed: any meat product (incl. bacon, jerky, poultry, fish, shellfish) and meat as ingredient/topping; cream/custard/meringue fillings; sauces (BBQ, hot, pasta, pizza, salad dressing); beverages; condiments (ketchup, mustard, hot sauce); pumpkin/sweet-potato/cream pies; cut fresh produce, juices, purees; pepper jelly made with fresh peppers; freeze-dried meals; CBD/THC products. HB26-1033 (effective 1/1/2027) adds: packaged foods that require time and temperature control for safety, incl. tamales, burritos, and tortas (one type of food, up to 5 individual products of that type; no cooling and reheating before sale), plus meat/meat products (meat must come from an inspected source or satisfy an inspection exemption). Still excluded under HB26-1033: raw milk, low-acid canned foods, fermented or acidified foods requiring time/temperature control for safety, alcohol beverages, foods containing cannabinoids, and products using smoking as preservation, reduced-oxygen processing, or curing.

Sales caps

CURRENT CAP: $10,000 or less in net revenues per calendar year PER eligible food product (C.R.S. 25-4-1614(2)(e)) — still in force today. SCHEDULED CHANGE: HB26-1033 (the Tamale Act, signed 6/4/2026) raises the cap to $150,000 per calendar year, EFFECTIVE JANUARY 1, 2027. The new cap is adjusted annually for inflation by CDPHE (Denver-Aurora-Lakewood CPI-U, rounded up to the nearest dollar); producers may not split into multiple entities to circumvent it. Whole eggs have a separate limit: no more than 250 dozen per month.

Permit steps

1. Complete an approved food-safety training (CSU Extension course, online Food Handlers Card, or a local public health agency course) — certificates good 3 years; keep in good standing.
2. No state license, permit, or routine inspection is required — cottage food production is exempt under the Colorado Cottage Foods Act (C.R.S. 25-4-1614).
3. Register the business with the state at mybiz.colorado.gov and file Colorado sales tax (income and sales tax apply; check home-rule jurisdictions via DR 1002).
4. Check local requirements: some cities/counties require separate business licenses or collect additional taxes.
5. Starting January 1, 2027 (HB26-1033): register annually with CDPHE BEFORE selling any cottage foods; indicate the types of foods you will sell; CDPHE issues a registration number you must print on every label. No registration fee was established.
6. Starting 1/1/2027, producers of temperature-controlled foods must additionally complete a food-safety course covering time-and-temperature control and maintain proof of completion; follow CDPHE cooking, cooling, and holding temperature rules; and provide a list of temperature-controlled products to CDPHE or the local health agency on request.
7. Inspections occur only on consumer complaints, misbranding, or suspected foodborne illness; CDPHE and local health agencies may impose fines up to $100 per violation and recover up to $1,000 in investigation costs. Three violations in 12 months involving temperature-controlled foods bars the producer from selling those foods.

How to start in Colorado

1. Pick products that fit the eligible list — currently only nonpotentially hazardous foods that don't need refrigeration (e.g., jams, baked goods, pickles with finished pH ≤ 4.6). 2. Complete one approved food-safety training: CSU Extension classroom course, an online Food Handlers Card, or a course from your local public health agency (certificate good 3 years; stay in good standing). 3. Register your business with the state at mybiz.colorado.gov and set up sales-tax filing (income and sales tax apply). 4. Label every product: product name, your name, where it was prepared, phone or email, production date, full ingredient list, and the exact 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.' 5. Display the placard disclaimer at the point of sale and sell only directly to the end consumer in Colorado — no resale, no restaurants or grocery stores. 6. Check with your local health agency and city/county about any additional business licenses or local taxes. 7. Keep sales within the $10,000-per-product annual cap until 1/1/2027. 8. From January 1, 2027 (the Tamale Act): register annually with CDPHE before selling, put your state-issued registration number on every label, and follow the new temperature-controlled-food rules (food-safety course covering time/temperature control, proper cooking/cooling/holding temps, single ≤2-hour transport at safe temps, no bare-hand contact with ready-to-eat foods).

Recent changes

HB26-1033, the 'Tamale Act,' signed by the Governor on June 4, 2026 (2026 Session Laws, Ch. 375; sponsors Reps. Ryan Gonzalez and Monica Duran, Sens. Robert Rodriguez and Byron Pelton) — STATUS: became law 6/4/2026; main provisions begin January 1, 2027 per the official CDPHE cottage foods page ('The Tamale Bill HB26-1033 was passed. It begins January 1, 2027.'). The act: (1) allows sale of packaged foods requiring time and temperature control for safety (tamales, burritos, tortas — one type, up to 5 products) and meat/meat products; (2) raises the annual sales cap from $10,000 to $150,000 per calendar year, adjusted annually for inflation (Denver-Aurora-Lakewood CPI), with an anti-circumvention clause; (3) requires annual registration with CDPHE before selling, a state-issued registration number printed on every label, and a publicly accessible electronic registry updated monthly; (4) requires a time-and-temperature-control food-safety course for refrigerated-food producers, sets transport limits (one transport, ≤2 hours at safe holding temps) and bans pre-sale cooling/reheating; (5) authorizes fines up to $100/violation and up to $1,000 investigation-cost recovery; three violations in 12 months bars the producer from selling temperature-controlled foods. No other 2024–2026 changes to the Colorado Cottage Foods Act were verified from primary sources.

Official sources

• HB26-1033 bill page (Colorado General Assembly) — signed 6/4/2026, 'Expanding the Colorado Cottage Foods Act'
• CDPHE Cottage Foods Act page — eligible/ineligible foods, training, sales channels, tax/business registration
• HB26-1033 final fiscal note (Legislative Council Staff) — registration, cap, database, enforcement details
• Colorado Revised Statutes 25-4-1614 (Colorado Cottage Foods Act)