Free local delivery if you spend more than $25.00!

Cottage Foods Act

Our products are 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. These products are not intended for resale.

ARE WE LEGAL? YES.

In 2012, the Colorado Legislature enacted Senate Bill 12-048 allowing individuals to sell certain types of “cottage food” products in an unlicensed home kitchen. This bill was modified during the 2013 legislative session by House Bill 13-1158. A copy of the bill can be found at: http://www.colorado.gov/cs/Satellite/CDPHE-DEHS/CBON/1251583469766.

Cottage food products include such items as spices, teas, dehydrated produce, nuts, seeds, honey, candies, jams, jellies and certain baked goods. It also includes whole eggs except that a person may not sell more than 250 dozen per month.

Cottage food operations require no license or permit from the Colorado Department of Public Health and Environment and are not inspected by any state or local government entity.

Net sales for each product produced by a cottage food operation must not exceed $5,000 annually. Products must be sold directly by the cottage food operator to the end consumer. Sales by consignment or to retail food or wholesale food establishments are prohibited.

Cottage food products must be labeled in accordance with the requirements as outlined in Section 35-21-105 CRS. Eggs must be handled and labeled in accordance with the requirements outlined in Section 35-21-105 CRS.

 

Cottage Foods Certificate

COTTAGE FOODS ACT

Q: WHAT ARE COTTAGE FOODS?

A: Cottage foods are limited types of homemade food products that can be sold directly to informed consumers without licensing or inspections.


Q: DO COTTAGE FOODS HAVE TO BE PACKAGED AND LABELED?

A: Yes. All Cottage Foods should be packaged and labeled with specific information including an exact disclaimer prior to selling them directly to the informed consumer.


Q: WHAT TYPE OF FOOD SAFETY TRAINING IS REQUIRED?

A: The following options satisfy the requirements: Food Safety for Cottage Food Producers offered by Colorado State University Extension. Visit: www.farmtotable.colostate.edu. Online Colorado Food Handlers Card available at www.statefoodsafety.com. Your local public health agency may also offer a food handling course. Visit: https://www.colorado.gov/pacific/cdphe/find-your-local-public-health-agency.


Q: CAN PUMPKIN, SWEET POTATO, AND ZUCCHINI BE USED AS INGREDIENTS FOR BAKED GOODS?

A: Yes. Pumpkin, sweet potato, and zucchini breads can be sold under the Act. Pumpkin or sweet potato pies are not allowed because they require refrigeration to maintain product integrity and safety.

Q: CAN RAW AGRICULTURAL COMMODITIES SUCH AS HONEY, VEGETABLES, AND FRUITS FROM A LOCAL FARMER OR BEE KEEPER BE USED TO PREPARE COTTAGE FOODS?

A: Yes. Fruits and vegetables with minimal post-harvest processing to remove dirt, debris, or dead leaves, and unprocessed honey can be used to make cottage food products.

Q: CAN I ADD LIQUOR/ALCOHOL TO FLAVOR MY BAKED GOODS, CONFECTIONS AND CANDIES?

A: Yes, as long as they do not contain more than 5% alcohol by weight. The addition of liquor/alcohol should be included in the ingredients list on the product label. Exceeding this limit would render the product ineligible to be sold under the Cottage Foods Act and subject it to the liquor laws and regulations enforced by the Colorado Department of Revenue.

Q: CAN BAKED GOODS CONTAIN MEAT?

A: No. Baked goods that contain meat such as bacon are not allowed to be sold under the law.

Q: IS FLOUR CONSIDERED A RAW AGRICULTURAL COMMODITY?

A: No. The grain used to make the flour would be considered a raw agricultural product.

Q: WHERE CAN COTTAGE FOODS BE SOLD?

A: Only in Colorado. Cottage Foods are prohibited from being sold to restaurants, grocery stores or any entity for further distribution or resale.

Q: CAN A PRODUCER SELL THEIR COTTAGE FOOD PRODUCTS AT MULTIPLE LOCATIONS AND EVENTS EVEN IF THEY OCCUR ON THE SAME DAY AND AT THE SAME TIME?

A: Yes. A producer or their designated representative can sell and deliver the product directly to an informed end consumer.

Q: CAN COTTAGE FOODS BE SOLD OUT OF A STORE FRONT OR VIA CONSIGNMENT?

A: The law requires that Cottage Foods be sold directly to an informed end consumer from the producer or their designated representative. The store and its employees would need to function as the designated representative.

Q: CAN COTTAGE FOODS BE SOLD ON THE INTERNET?

A: Yes, internet sales are allowed. The mechanism of direct product delivery can be determined between the producer and the informed end consumer as long as it does not involve interstate commerce.