Colorado’s ‘Tamale Act’ Will Open Home Kitchens to Foods Long Off-Limits

Colorado home cooks will soon be able to legally sell tamales, burritos and other refrigerated or meat-filled foods made in their own kitchens under a major expansion of the state’s cottage-food law.

The changes take effect January 1 under House Bill 26-1033, known as the “Tamale Act.” Colorado is already preparing home producers for the new system, with Colorado State University Extension beginning revised statewide food-safety classes this month.

Gov. Jared Polis signed the measure June 4. It expands the Colorado Cottage Foods Act, which currently allows people to sell certain homemade products without operating as licensed retail food establishments.

Existing rules generally cover lower-risk foods that do not require refrigeration, including baked goods, jams, honey, tortillas, spices, and dehydrated products. Starting in 2027, the exemption will extend to certain foods that must be kept hot or cold for safety and to products containing meat.

The statute specifically points to tamales, burritos, and tortas, opening a legal path for home businesses selling foods that have largely fallen outside Colorado’s cottage-food system.

Meat used in those products must still meet applicable federal inspection requirements. The state law expands what can qualify for Colorado’s cottage-food exemption, but it does not override federal rules governing meat and meat products.

Home sellers taking advantage of the expansion will face additional food-safety requirements. Producers making foods that need temperature controls must complete training on preparation and handling and keep proof that they finished the course.

They can sell one type of temperature-controlled food at a time, with as many as five variations. Cooking, holding, and transportation rules are intended to keep perishable foods within safe temperature ranges before they reach customers.

The Tamale Act also dramatically raises the amount a cottage-food producer can earn.

Colorado currently limits producers to $10,000 in annual net revenue from each eligible food product. Beginning next year, sellers can earn up to $150,000 in net revenue each calendar year under the cottage-food program. The state must adjust that cap for inflation.

The increase gives home-based sellers room to build businesses far larger than those contemplated under the existing limit while continuing to operate under the cottage-food exemption rather than as conventional restaurants or retail food establishments.

Colorado is pairing that expansion with a new statewide registration system.

Producers must register with the Colorado Department of Public Health and Environment before making sales. The department will issue registration numbers and maintain an electronic registry of cottage-food sellers.

Health agencies can investigate complaints, suspected foodborne illnesses, and violations of the cottage-food rules. Repeated violations involving temperature-controlled foods can cost a producer the right to continue selling those products under the exemption.

Lawmakers debated how far that oversight should extend while HB26-1033 moved through the legislature. Earlier versions contemplated random inspections of home kitchens, raising privacy concerns because the businesses operate inside private residences. That provision did not survive in the final law.

The enacted measure instead relies on registration, training, food-handling requirements and enforcement when health officials have grounds to investigate.

Some foods remain outside the cottage-food system, including raw milk, certain canned products, alcoholic beverages and foods containing cannabinoids.

HB26-1033 drew broad support before reaching Polis. The Senate approved the measure 34-1, while the House gave final approval after agreeing to Senate changes. The bill was sponsored by Reps. Ryan Gonzalez and Monica Duran and Sens. Robert Rodriguez and Byron Pelton.

Colorado State University Extension has already updated its cottage-food curriculum for the coming changes. Its first revised statewide training session is scheduled for September 11, with additional classes planned throughout the fall ahead of the January 1 expansion.