Credit: Keelworks Legal Research
https://keelworks.org

Colorado Cottage Food Laws

1. Overview
   Colorado Cottage Food Laws allow individuals to prepare and sell non-potentially hazardous
   foods from home kitchens that do not require refrigeration. No license is required, but producers
   must complete an approved food safety training course before starting.
2. Steps to Start a Cottage Food Business
   To start a cottage food business in Colorado, individuals must:
    Review the Colorado Cottage Food Act
    Complete an approved food safety training course
    Check with local city or county offices regarding business license requirements
    Follow labeling, safety, and sales regulations
3. Allowed Foods
   Colorado allows the sale of shelf-stable, non-hazardous foods, including:
   Bakery Products
    Bread, tortillas, fruit empanadas
   Confectionery and Sweet Products
    Candy, jams, jellies, fruit butter, preserves
   Dry and Shelf-Stable Foods
    Spices, teas, flour, nuts, seeds
   Other Approved Foods
    Honey

 Dehydrated fruits and vegetables
 Pickled fruits and vegetables with pH ≤ 4.6
These foods must not require refrigeration for safety.

4. Prohibited Foods
   Foods requiring time and temperature control are not allowed, including:
    Cream cheese or custard-filled baked goods
    Salsa
    Low-acid foods with pH above 4.6
    Refrigerated or perishable foods
   Such foods require commercial licensing and inspection.
5. Income Limit
   Colorado restricts net income to $10,000 per product per year.
    Different flavors are considered separate products
    Example: $10,000 allowed for blueberry muffins and another $10,000 for bran muffins
    Businesses exceeding limits must register as food manufacturers
6. Required Food Safety Training
   Completion of food safety training is mandatory. Acceptable options include:
    Colorado State University Extension Cottage Food Training
    Food Handler Certification course
    Training from local public health agencies
   Certificates are typically valid for three years.
7. Acidity Levels and pH Requirements
   Food safety is based on acidity levels:

 Foods with pH ≤ 4.6 are considered safe and shelf-stable
 Acidic foods inhibit bacterial growth
 Testing is not mandatory but free testing is available for pickled products
 Low-acid foods (pH > 4.6) are not allowed

8. Sales and Distribution Rules
   Cottage foods must be sold:
    Directly from producer to informed end consumer
    Within the state of Colorado only
    At farmers markets, events, home sales, or online
   Restrictions:
    Cannot sell to restaurants, grocery stores, or retailers
    Cannot involve interstate commerce
    Must display disclaimer stating food was produced in an unlicensed home kitchen
9. Labeling Requirements
   All cottage foods must be properly packaged and labeled with:
    Product name
    Producer name, address, and contact information
    Ingredient list in descending order by weight
    Allergen declaration
    Production date
    Required disclaimer: product made in home kitchen not subject to inspection
   Organic labeling requires USDA certification.
10. Allergen Labeling Requirements
    Major allergens must be declared if present, including:
     Milk
     Eggs
     Peanuts
     Tree nuts

 Wheat
 Soy
 Fish
 Shellfish
 Sesame
This helps protect consumers with food allergies.

11. Sanitation and Food Safety Best Practices
    Producers must maintain proper hygiene and sanitation, including:
     Cleaning and sanitizing equipment and surfaces
     Preventing cross-contamination
     Washing hands frequently
     Preventing sick individuals from handling food
     Keeping pets away from food preparation areas
12. Record Keeping Requirements
    Producers should maintain records for traceability, including:
     Recipes and ingredients
     Production dates and batch codes
     Sales dates and locations
     Sales receipts
    This helps manage food safety and respond to complaints.
13. Liability Insurance
    Although not legally required, liability insurance is strongly recommended to:
     Protect against lawsuits
     Cover legal costs
     Reduce business risks
14. Taxes and Business Registration

Cottage food businesses are subject to:
 State income tax
 Sales tax (depending on location)
 Possible sales tax license registration
Businesses must register with the Colorado Department of Revenue if required.

15. Regulatory Authorities and Resources
    Key agencies include:
     Colorado Department of Public Health and Environment (CDPHE)
     Colorado State University Extension
     Colorado Department of Revenue
     Local public health departments
    Link: https://cottagefoodlaws.com/colorado-cottage-food-laws/

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