HB 1033

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 COTTAGE 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 NONPOTENTIALLY
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 ves, 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 TEMPERATURES 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
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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
OPERATE 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 CONTACT 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
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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
HEALTH 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-IAT
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
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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 Vohtntary 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 COTTAGE 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 COTTAGE FOODS CASH
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FUND.
        (2) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE COTTAGE
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 COTTAGE 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 ~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
                Jared
                GOVE  0
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