In 2012, the Colorado Legislature enacted Senate Bill 12-048 allowing individuals to produce, sell and store certain types of “cottage food” products in an unlicensed home kitchen.
The Colorado Cottage Foods Act allows individuals to make and sell a limited range of foods that are non-potentially hazardous and that do not require refrigeration. These foods are limited to spices, teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour, and baked goods, including candies, fruit empanadas, and tortillas.
You will also see on all of my products this disclaimer, which is required by the Colorado Cottage Law:
“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.”
Selling Cottage Foods
Where can Cottage Foods be sold?Only in Colorado. Cottage Foods are prohibited from being sold to restaurants, grocery stores or any entity for further distribution or resale.
Can Cottage Foods be sold on the internet? 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
Can Cottage Foods be sold out of a store front or via consignment? 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.
Can I add liquor/alcohol to flavor my baked goods, confections and candies?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.
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