Colorado cottage food law: the rules today, and what the Tamale Act changes on January 1, 2027

Under the Colorado Cottage Foods Act (C.R.S. §25-4-1614), you can make foods that don't need refrigeration at home and sell them directly to "informed end consumers" in Colorado, including online, after completing a food safety course; through December 31, 2026, each eligible product is capped at US$10,000 in net revenue a year. On January 1, 2027, House Bill 26-1033, the "Tamale Act," takes effect: the cap becomes US$150,000 in gross revenue a year (adjusted for inflation), every producer must register with the Colorado Department of Public Health and Environment (CDPHE) each year, and one type of refrigerated food, such as tamales, burritos or tortas, becomes allowed.

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Colorado cottage food rules at a glance (October 2026)

This is general information, not legal advice. Contact CDPHE (cdphe_cf@state.co.us) to confirm a product is eligible.

What changes with the Tamale Act on January 1, 2027?

The signed act rewrites the parts of §25-4-1614 that matter most to home businesses:

1. A much higher cap. From US$10,000 net per product to US$150,000 gross in total, rising with inflation. You can't split into several businesses to get around it.
2. Refrigerated foods. You may sell one type of packaged TCS food, such as tamales, burritos or tortas, in up to five variations at a time, and give your list to the health department on request. The food can't be cooled and reheated before sale.
3. Safe handling. Follow CDPHE's cooking, cooling and holding temperatures; keep TCS food at temperature in transport, move it only once and for no longer than two hours; no bare-hand contact with ready-to-eat food.
4. Registration and new labels. Register every year; labels add your CDPHE registration number and a CDPHE website for reporting illness and checking registration, and show the county where the food was prepared instead of your address.
5. Three strikes. If a health agency finds TCS misbranding or rule breaches on three occasions within 12 months, you lose the right to sell TCS foods.

Still excluded after 2027: raw milk, low-acid canned foods, fermented or acidified foods that need refrigeration, alcohol, cannabinoid foods, and foods preserved by smoking, curing or reduced-oxygen packaging.

Which foods are eligible in Colorado today?

From CDPHE's list:

CDPHE offers free pH testing for up to five pickled products (pickles, relish, kimchi, sauerkraut, chutney, fruit and vegetable vinegars) while funding lasts.

Can you sell cottage food online in Colorado?

Yes. CDPHE says internet sales are allowed, and the producer and the informed end consumer can agree how the product is delivered, as long as it doesn't involve interstate commerce. The buyer must be "informed" before buying: they must have the product name, the address where it was prepared, your phone number or email, the production date, the ingredients, and a disclaimer that it was made in a home kitchen not subject to licensure or inspection and may contain common allergens.

At any point of sale, such as a market table, display a placard, sign or card stating: "This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale."

What goes on a Colorado cottage food label?

Every product is packaged and labeled before sale with:

1. the product name;
2. your name, the address where it was prepared, and your current phone number or email (from 2027: your CDPHE registration number and the county instead of the address);
3. the date it was produced;
4. a complete ingredient list;
5. the disclaimer that it was made in a home kitchen without regulatory oversight and may contain common allergens;
6. from 2027, the CDPHE website for consumers.

You can't label cottage foods "allergen free," and "organic" on the main label needs USDA certification. CDPHE links to product label templates; you can also use the food label maker.

Worked example: a Pueblo baker before and after January 1, 2027

Prices are illustrative, as of October 2026. A home baker sells fruit empanadas and biscochitos online for pickup and her own delivery, and plans to add pork tamales (from federally inspected pork) once the Tamale Act starts.

In 2026 she watches each product separately: a third product line would get its own US$10,000. From 2027 she watches one total instead, and delivers tamales herself within two hours of leaving her kitchen. Price each dozen in US dollars with the menu price calculator.

How to set up a Menuthere ordering page for Colorado rules

1. Make every buyer an informed consumer. Put the product name, preparation address (from 2027, the county and your registration number), your phone or email, the ingredients and the disclaimer in each product description, and tick allergens (allergens and nutrition, every plan).
2. Choose pickup and your own delivery in Settings → Ordering → Order types (order types), with a delivery radius that stays inside Colorado. For TCS foods from 2027, keep the radius within a two-hour drive.
3. Take orders for a set day with pre-orders on Lite and dishes that need notice, so you cook tamales once for each delivery run, and connect Stripe for cards.
4. Track sales per product in 2026 (each has its own US$10,000 cap), then in total from 2027.

Menuthere doesn't check Colorado law for you; you choose the products and options. CDPHE says cottage food businesses are subject to income and sales tax; see the Colorado Department of Revenue and our guide to sales tax on restaurant food.

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Other states

Arizona already allows registered cooks to sell some meat dishes, Texas caps sales at US$150,000 too, and Washington uses a state permit with an inspection. Compare them all on the cottage food laws hub.