Cottage Food Laws in Colorado
Last verified against official sources on by Amrit. How we verify
Yes. In Colorado you can make shelf-stable foods such as baked goods, jams, honey, candy and tortillas at home and sell them with no state license, inspection or pre-approval, as long as you sell directly to customers in Colorado. You must take a food safety course, label every item, post a sign where you sell, and keep net revenue from each product at $10,000 a year or less. The law changes on January 1, 2027: you will have to register with the state every year, the cap rises to $150,000 a year, and you may sell one type of packaged food that must be kept hot or cold to stay safe, such as tamales or burritos, in up to five variations.[3][4][2][1]
At a glance
| Permit needed | No state license or pre-approval through 2026. From January 1, 2027, a yearly registration with CDPHE.[4][2] |
|---|---|
| Sales cap | $10,000 a year in net revenue per product. From 2027, $150,000 a year in gross revenue (total sales), adjusted for inflation.[1][3][2] |
| Training | A food safety course that covers basic food handling, kept up to date[3] |
| Label statement | "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."[3] |
| Where you can sell | Directly to customers, in Colorado only: from home, online, at farmers markets, roadside stands, community supported agriculture (CSA) programs, or a shop such as a gift or clothing store. Not through restaurants or grocery stores.[3] |
| Online and shipping | You can sell online, but you cannot ship or deliver outside Colorado.[3] |
| Who can sell | A Colorado resident, working as a sole proprietor or through an LLC with no more than two owners[3] |
| Agency | Colorado Department of Public Health and Environment (CDPHE)[3] |
Step by step
Do these in order. Each step links to the official form or page.
Check that you and your food qualify
You must be a Colorado resident, working alone or as an LLC with no more than two owners. Until the end of 2026 your food must be shelf-stable: it cannot need refrigeration to stay safe. Meat, poultry, fish, cream or custard fillings, buttercream or cream cheese frostings, sauces, beverages and CBD or THC products are not allowed.[3]
Take a food safety course
Take a food safety course that covers basic food handling. It must be a course from Colorado State University Extension or a state, county or district public health agency, or one comparable to it. Renew it as the course requires.[1][3]
Package and label every item
Pack each item in food-grade packaging. The label needs the product name, your name, the full address where it was made, your email or phone number, the date it was made, all ingredients in order by weight, and the required statement.[3]
Put up a sign wherever you sell
Every place you sell, online or in person, must show a sign that says: "This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale."[3]
Sell directly to your customers in Colorado
You or a representative you choose must be there in person to sell to the customer and answer questions. Keep each product's yearly net revenue at or under $10,000.[3]
From January 1, 2027: register with CDPHE every year
Before you sell anything in 2027 or later, register with CDPHE and list the kinds of food you plan to sell. CDPHE gives you a registration number. Your labels must then show that number, the county where the food was made, and a CDPHE website address where customers can report illness and check your registration. Renew every year.[1][2]
What you can and can't sell[3]
Allowed
- Shelf-stable baked goods such as breads, muffins, fruit pies, fruit empanadas, cookies, cakes and tortillas
- Candy and confections, including cotton candy and fudge
- Jams, jellies, preserves and fruit butters
- Honey, nuts, seeds, spices, teas and roasted coffee beans
- Dehydrated and freeze-dried produce, dried pasta, dry mixes and flour
- Pickled fruits and vegetables, including some fermented ones such as kimchi and sauerkraut, with a pH (acidity reading) of 4.6 or below
- Whole eggs, up to 250 dozen a month, kept cold at 33°F to 41°F and sold in new, properly labeled cartons
Not allowed
- Foods that need refrigeration to stay safe (until January 1, 2027)
- Meat, jerky, poultry, fish and shellfish, even as an ingredient or topping
- Cream, custard or meringue fillings, buttercream or cream cheese frostings
- Pumpkin, sweet potato and cream pies
- Sauces, condiments, salsa and salad dressing
- Pepper jelly, and jams or jellies made with fresh or home-dried peppers
- Canned vegetables, pumpkin butter, fresh pasta and flavored oil
- Beverages, juices and cut fresh fruit or vegetables
- Products containing CBD or THC
Local rules
These places add their own requirements on top of the state rules.
- All Colorado cities and counties: Check that your HOA and local zoning allow a home-based business. Business licence, tax, liability insurance and market rules can differ from place to place. If you hand out samples, hand-washing sink rules differ by county and by market, so ask your local public health agency.[3]
Recent changes
- : Most of HB26-1033 (the "Tamale Act") takes effect. Producers must register with CDPHE every year before selling and put the registration number on labels. The cap rises to $150,000 a year in gross revenue, adjusted for inflation. You may sell one type of packaged food that must be kept hot or cold to stay safe (such as tamales, burritos or tortas), in up to five variations, after taking a food safety course on time and temperature control. Raw milk, low-acid canned foods, fermented or acidified foods that must be kept cold, alcohol, cannabinoid products, and foods preserved by smoking, reduced-oxygen packing or curing are excluded.[1][2]
- : The governor signed HB26-1033, the "Tamale Act". The parts that change the cottage food rules wait until January 1, 2027.[2][1]
Frequently asked questions
Can I ship my baked goods to customers?
Not outside Colorado. You can take orders online, but shipping or delivering out of state is not allowed. The guidance cited here says nothing about shipping inside Colorado, so ask CDPHE before you ship.[3]
Can I sell my cookies in a coffee shop or grocery store?
Not through a restaurant, grocery store or other licensed food business. You can sell from a shop that does not sell food, such as a gift shop or clothing store, but you or your representative must be there to sell to the customer in person.[3]
Can I sell cheesecake or cakes with buttercream frosting?
Not in 2026. Cream cheese and buttercream frostings and other foods that need refrigeration are not allowed. From January 1, 2027, once you have registered with CDPHE, the law lets you sell one type of packaged food that must be kept hot or cold to stay safe, in up to five variations, if you take a food safety course on time and temperature control and follow CDPHE's cooking, cooling and holding temperature rules.[3][1]
Can I make tamales or burritos with meat?
Not yet. From January 1, 2027, yes, if the meat was federally inspected (it carries the inspection mark) or is exempt from inspection. If you transport the food before handing it to the customer, keep it at a safe holding temperature, transport it only once and for no more than two hours. Never cool and reheat the finished food before selling, and do not touch ready-to-eat food with bare hands. Foods preserved by smoking (not just for flavor) or curing stay excluded.[1]
Can I hand out free samples?
Yes, as long as you use gloves, tongs, toothpicks or similar so you never touch the food with bare hands. Ask your county health agency whether you need a hand-washing sink where you sell.[3]
Will the health department inspect my kitchen?
Your home kitchen is not licensed or inspected by the state. But the state or your county health agency can sample and inspect your food if it is mislabeled, if someone complains, or if it is suspected in an illness or injury. From 2027, if an inspection finds your food mislabeled or a possible cause of illness or injury, they can fine you up to $100 for the violation and charge you up to $1,000 for the cost of the investigation. A producer found three times in 12 months to have mislabeled or mishandled food that must be kept hot or cold loses the right to sell those foods.[3][1]
Sources
- House Bill 26-1033, signed act: concerning expanding the scope of the "Colorado Cottage Foods Act" (the Tamale Act), Colorado General Assembly. Checked October 25, 2026. Scanned signed act. The text layer does not show strike-through, so deleted words read as if they were still in the law; read the PDF itself for (2)(b), (2)(e) and (3)(a).
- HB 26-1033 Final Fiscal Note (July 13, 2026), Colorado Legislative Council Staff. Checked October 25, 2026.
- Cottage Foods Checklist (last updated 02/2022), Boulder County Public Health. Checked October 25, 2026. County guidance, not CDPHE's own page. CDPHE's cottage foods page and the official C.R.S. text blocked automated reading; check this against them.
- "Colorado Cottage Foods Act" Fact Sheet (last revision Aug 27, 2014), Colorado Department of Public Health and Environment. Checked October 25, 2026. CDPHE fact sheet, copy hosted by Ouray County. Dated 2014, so its food list and $5,000 cap are out of date; cited only for "no pre-approval".
Related
- Cottage Food Laws in Arizona
- Cottage Food Laws in Kansas
- Cottage Food Laws in Nebraska
- Cottage Food Laws in New Mexico
- Cottage Food Laws in Oklahoma
- Cottage Food Laws in Utah
- Cottage Food Laws in Wyoming
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Colorado Department of Public Health and Environment (CDPHE) or your local health department. Spotted something wrong or out of date?Report it and we will check it.