C.R.S. Section 25-4-1614
Home kitchens

  • exemption
  • food inspection
  • short title
  • definitions
  • rules

(1)

This section shall be known and may be cited as the “Colorado Cottage Foods Act”. The purposes of this section are to allow for the sale and consumption of homemade foods and to encourage the expansion of agricultural sales by farmers’ markets, farms, and home-based producers and accessibility of these resources to informed end consumers by:

(a)

Facilitating the purchase and consumption of fresh and local agricultural products;

(b)

Enhancing the agricultural economy; and

(c)

Providing Colorado citizens with unimpeded access to healthy food from known sources.

(2)

Intentionally left blank —Ed.

(a)

A producer may use his or her home kitchen or a commercial, private, or public kitchen to produce foods for sale only if the producer sells the foods directly to informed end consumers.

(b)

Intentionally left blank —Ed.

(I)

A producer is permitted under this section to sell only a limited range of foods that have been produced, processed, or packaged that are nonpotentially hazardous and do not require refrigeration. These foods include pickled fruits and vegetables, spices, teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour, and baked goods, including candies, fruit empanadas, and tortillas, and other nonpotentially hazardous foods.

(II)

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, C.R.S.

(c)

A producer must 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 maintain a status of good standing in accordance with the course requirements, including attending any additional classes if necessary.

(d)

The foods produced under this section must:

(I)

Be delivered directly from a producer to an informed end consumer;

(II)

Be sold only in Colorado; and

(III)

Not involve interstate commerce.

(e)

This section applies only to producers who earn net revenues of ten thousand dollars or less per calendar year from the sale of each eligible food product produced in the producer’s home kitchen or a commercial, private, or public kitchen.

(3)

Intentionally left blank —Ed.

(a)

A food product sold under this section must have an affixed label that includes at least:

(I)

Identification of the product;

(II)

The producer’s name, the address at which the food was prepared, and the producer’s current telephone number or electronic mail address;

(III)

The date on which the food was produced;

(IV)

A complete list of ingredients; and

(V)

The following 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.”

(b)

A food product sold under this section and not labeled in accordance with paragraph (a) of this subsection (3) is misbranded and is subject to food sampling and inspection pursuant to subsection (4) of this section.

(c)

A producer operating under this section shall conspicuously display a placard, sign, or card at the point of sale with the following disclaimer: “This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale.”

(4)

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 if a consumer complaint has been received or if the product is suspected in an injury or food-borne illness outbreak.

(5)

A person who purchases a product made by a producer shall not resell the product.

(6)

A person who sells foods pursuant to this act is encouraged to maintain home bakery liability insurance or other adequate liability insurance.

(7)

Sections 25-4-1604 to 25-4-1613 do not apply to this section.

(8)

The department or a county, district, or regional health agency may create a voluntary electronic registry of producers if it determines that a registry would be of value to producers and consumers.

(9)

As used in this section:

(a)

“Home” means a primary residence occupied by the producer producing the food under this section.

(a.5)

“Homemade” means food that is prepared in a private home kitchen, or a commercial, private, or public kitchen, when the kitchen is not licensed, inspected, or regulated.

(a.7)

“Informed end consumer” means a person who is the last person to purchase any product, who does not resell the product, and who has been informed that the product is not licensed, regulated, or inspected.

(b)

“Nonpotentially hazardous” has the meaning set forth in section 25-4-1602 (12).

(c)

“Producer” means a person who 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:

(I)

An individual who is a resident of Colorado; or

(II)

A limited liability company formed in Colorado, consisting of two or fewer members, and of which all members are residents of Colorado.

(10)

Repealed.

Source: Section 25-4-1614 — Home kitchens - exemption - food inspection - short title - definitions - rules, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑4‑101
Premises sanitation - food defined 25‑4‑102
Sanitary regulations 25‑4‑103
Construction requirements 25‑4‑104
Protection from dirt 25‑4‑105
Toilet rooms and lavatories 25‑4‑106
Nuisances - petty offense 25‑4‑107
Rooms not used for sleeping 25‑4‑108
Work by persons with contagious diseases - forbidden 25‑4‑109
Enforcement 25‑4‑110
Prosecutions - disposition of fines 25‑4‑111
Penalty 25‑4‑112
Rules 25‑4‑201
Pregnant woman to take blood test 25‑4‑203
Birth certificate - blood test 25‑4‑204
Penalty 25‑4‑205
District attorneys to prosecute 25‑4‑301
Inflammation of eyes 25‑4‑401
Legislative declaration 25‑4‑402
Definitions 25‑4‑403
Eligibility - nondiscrimination 25‑4‑404
Rules 25‑4‑405
Reporting requirements - immunity 25‑4‑406
Reports - confidentiality 25‑4‑407
Reporting requirements - research exemption 25‑4‑408
Infection control - duties 25‑4‑409
Minors - treatment - consent 25‑4‑410
Patient consent - rights of patients, victims, and pregnant women 25‑4‑411
Confidential counseling and testing sites - legislative declaration 25‑4‑412
Public safety - public health procedures - orders for compliance - petitions - hearings 25‑4‑413
Emergency public health procedures - injunctions 25‑4‑414
Penalties 25‑4‑500.3
Definitions 25‑4‑501
Tuberculosis declared to be an infectious and communicable disease 25‑4‑502
Tuberculosis to be reported 25‑4‑506
Investigation and examination of suspected or known tuberculosis cases 25‑4‑507
Isolation order - enforcement - court review 25‑4‑508
Inspection of records 25‑4‑509
Violations - penalty 25‑4‑510
Jurisdiction 25‑4‑511
Duties of board of health and department - confidentiality of records - rules 25‑4‑512
Nondiscrimination in the provision of general services 25‑4‑513
Funding 25‑4‑601
Definitions 25‑4‑602
Notice to health department or officer if animal affected or suspected of being affected by rabies 25‑4‑603
Report of person bitten by animal to health department or health officer 25‑4‑604
Animal attacking or biting person to be confined - examination 25‑4‑605
Animals bitten by animals known or suspected of having rabies to be confined 25‑4‑606
Animals to be confined to prevent spread of rabies 25‑4‑607
Order of board of health requiring inoculation of animals - veterinarian waiver of order 25‑4‑608
Notice of order requiring inoculation of animals 25‑4‑609
Effect of order requiring inoculation of animals 25‑4‑610
Uninoculated animals not to run at large - impounding and disposition of animals 25‑4‑611
Report to state department 25‑4‑612
Enforcement of part 6 25‑4‑613
Liability for accident or subsequent disease from inoculation 25‑4‑614
Penalties 25‑4‑615
Further municipal restrictions not prohibited 25‑4‑701
Definitions 25‑4‑702
Board to establish rules - department to administer 25‑4‑709
Quarantine 25‑4‑710
Right of entry - inspections 25‑4‑712
Unlawful acts 25‑4‑713
Penalty for violations 25‑4‑901
Definitions 25‑4‑902
Immunization prior to attending school - standardized immunization information 25‑4‑902.5
Immunization prior to attending a college or university - tuberculosis screening process development 25‑4‑903
Exemptions from immunization - rules 25‑4‑904
Rules - immunization rules - rule-making authority of state board of health 25‑4‑904.5
Annual alignment evaluation 25‑4‑905
Immunization of indigent children 25‑4‑906
Certificate of immunization - forms 25‑4‑907
Noncompliance 25‑4‑908
When exemption from immunization not recognized 25‑4‑909
Vaccine-related injury or death - limitations on liability 25‑4‑910
Immunization data collection 25‑4‑911
Vaccinated children standard - legislative declaration 25‑4‑912
Confidentiality 25‑4‑1001
Short title 25‑4‑1002
Legislative declaration 25‑4‑1002.5
Definitions 25‑4‑1003
Powers and duties of executive director - newborn screening programs - genetic counseling and education programs - rules 25‑4‑1004
Newborn screening - rules 25‑4‑1004.3
Newborn heart defect screening - pulse oximetry - rules - definition 25‑4‑1004.5
Follow-up testing and treatment - second screening - fee - rules 25‑4‑1004.7
Newborn hearing screening - advisory committee - report - rules 25‑4‑1005
Exceptions 25‑4‑1006
Cash funds 25‑4‑1201
Powers and duties of executive director 25‑4‑1202
Streptococcus cash fund 25‑4‑1301
Legislative declaration 25‑4‑1302
Definitions 25‑4‑1303
Labeling - product modules - take-home containers 25‑4‑1304
Bulk food protection 25‑4‑1305
Bulk food display 25‑4‑1306
Dispensing utensils 25‑4‑1307
Materials 25‑4‑1308
Food-contact surfaces 25‑4‑1309
Non-food-contact surfaces 25‑4‑1310
Accessibility 25‑4‑1311
Equipment sanitization 25‑4‑1312
Violation - penalty 25‑4‑1313
Rules and regulations 25‑4‑1314
Limitation 25‑4‑1401
Drug assistance program - program fund - HIV medications rebate fund - created - legislative declaration - no entitlement created 25‑4‑1402
Definitions 25‑4‑1403
Colorado HIV and AIDS prevention grant program 25‑4‑1404
Grant program - rules - conflict of interest 25‑4‑1405
AIDS and HIV prevention fund - administration - limitation 25‑4‑1501
Legislative declaration 25‑4‑1502
Definitions 25‑4‑1503
Fund created 25‑4‑1504
Allocation of fund 25‑4‑1505
Powers and duties of department and advisory board 25‑4‑1601
Legislative declaration 25‑4‑1602
Definitions 25‑4‑1603
Licensing, certification, and food protection agency 25‑4‑1604
Powers and duties of department - rules 25‑4‑1605
Submission of plans for approval - required 25‑4‑1606
Licensure - exception 25‑4‑1607
Fees 25‑4‑1607.5
Retail food establishment regulation - fees - investigations - stakeholder process 25‑4‑1607.7
Health inspection results - development of a uniform system - communication to the public 25‑4‑1607.9
Department targets - audits - reporting 25‑4‑1608
Food protection cash fund - creation 25‑4‑1609.5
Grievance process 25‑4‑1610
Unlawful acts 25‑4‑1611.5
Violations - penalties - review 25‑4‑1612
Judicial review 25‑4‑1614
Home kitchens - exemption - food inspection - short title - definitions - rules 25‑4‑1615
Pet dogs in retail food establishments - prohibited - exceptions 25‑4‑1616
Food donations to nonprofit organizations encouraged 25‑4‑1617
Animal shares and meat sales by farmers and ranchers - short title - definitions 25‑4‑1701
Short title 25‑4‑1702
Legislative declaration 25‑4‑1703
Definitions 25‑4‑1704
Infant immunization program - delegation of authority to immunize minor 25‑4‑1705
Department of public health and environment - powers and duties - rules 25‑4‑1706
Infant immunization program - eligibility 25‑4‑1707
Moneys targeted for medical assistance for infants - reimbursement 25‑4‑1708
Fund created 25‑4‑1709
Limitations on liability 25‑4‑1801
Short title 25‑4‑1802
Legislative declaration 25‑4‑1803
Definitions 25‑4‑1804
Department designated as certifying and inspecting agency 25‑4‑1805
Powers and duties of department - rules 25‑4‑1806
Shellfish dealers - certificate required - application - fees 25‑4‑1807
Record-keeping requirements 25‑4‑1808
Unlawful acts 25‑4‑1809
Inspections - investigations - access - subpoena 25‑4‑1810
Enforcement 25‑4‑1811
Disciplinary actions - denial of certification 25‑4‑1812
Civil penalties 25‑4‑1813
Criminal penalties 25‑4‑1901
Short title 25‑4‑1902
Definitions 25‑4‑1903
Gulf war syndrome registry - creation - reporting 25‑4‑1905
Confidentiality of information collected 25‑4‑1906
Gulf war syndrome registry fund 25‑4‑2001
Short title 25‑4‑2002
Legislative declaration 25‑4‑2003
Definitions 25‑4‑2004
Powers and duties of executive director - hepatitis C program 25‑4‑2005
Hepatitis C testing - recommendations - definitions 25‑4‑2101
Powers and duties of department - rules 25‑4‑2102
Penalties for violations 25‑4‑2103
Parental consent for minors 25‑4‑2201
Legislative declaration 25‑4‑2202
Definitions 25‑4‑2203
Health disparities and community grant program - rules 25‑4‑2204
Office of health equity - creation 25‑4‑2205
Powers and duties of the office of health equity - rules - working group 25‑4‑2206
Health equity commission - creation - repeal 25‑4‑2208
Necessary document program - report - definition 25‑4‑2209
Culturally relevant and affirming health-care training - health-care providers - grants - definitions 25‑4‑2301
Colorado immunization fund - supplemental tobacco litigation settlement moneys account - creation 25‑4‑2401
Short title 25‑4‑2402
Legislative declaration 25‑4‑2403
Department of public health and environment - powers and duties - immunization tracking system - rules - definitions 25‑4‑2404
Vaccines - access to the public - definitions 25‑4‑2501
Short title 25‑4‑2502
Definitions 25‑4‑2503
Cervical cancer immunization program - rules 25‑4‑2504
Public awareness campaign - fund
Green check means up to date. Up to date

Current through Fall 2024

§ 25-4-1614’s source at colorado​.gov