What is the cottage food law

In 2012, the Colorado legislature enacted the Colorado Cottage Foods Act, allowing limited types of food products that are non-potentially hazardous (do not require refrigeration for safety) to be sold directly to consumers without licensing or inspections. An unofficial copy of the entire Act is available, with recent changes indicated with CAPITALIZED LETTERS.

  Unofficial copy of the Act

What type of foods are eligible?
Foods that are non-potentially hazardous, or in other words, do not require refrigeration for safety. This includes:

• Pickled fruits and vegetables with a finished equilibrium pH of 4.6 or below.
• Dry spices.
• Dry teas.
• Dehydrated produce.
• Nuts, seeds.
• Honey, jams, jellies, preserves, fruit butter.
• Flour, candies, fruit empanadas, tortillas and other similar products that do not require refrigeration for safety.
• Up to 250 dozen whole eggs per month may also be sold.
• Baked goods such as muffins, fruit pies, cookies, and cakes.
• Roasted coffee beans.
• Buttercream made with ghee or vegetable oil (buttercream made with butter is not allowed).
• Canned fruits.
• Candies such as cotton candy and fudge.
• Freeze-dried produce.

To confirm if your product is eligible to be sold under the Act, you can contact us at .

Ineligible foods

What type of foods are ineligible?
Foods that are potentially hazardous, or in other words, they require refrigeration or some type of specialized process for safety. This includes: 

• Any meat product such as bacon, jerky, chicharron, poultry, fish and shellfish products; these products are also prohibited from being used as ingredients or toppings.
• Baked or fried goods having cream, custard or meringue fillings or toppings.
• Cakes or pastries with buttercream (unless made with ghee or vegetable oil) frosting.
• Sauces such as barbeque, hot, pasta, pizza , or salad dressing.
• Beverages.
• Condiments such as ketchup and mustard.
• Pumpkin, sweet potato pie, and cream pies.
• Cut fresh fruits and vegetables, fruit or vegetable juices or concentrates, fruit or vegetable purees.
• Pepper jelly or jams made with fresh peppers or homemade dehydrated peppers.
• Freeze dried meals containing meats.
• Cannabidiol (CBD) and Tetrahydrocannabinol (THC) containing products.

Can pumpkin, sweet potato, and zucchini be used as ingredients for baked goods?
Yes. Pumpkin, sweet potato and zucchini breads can be sold under the Act. Pumpkin or sweet potato pies are not allowed because they require refrigeration to maintain product integrity and safety.

Can whole fresh peppers be used to make pepper jelly?
No. Whole fresh peppers cannot be used to make fruit preserves, jam, or jelly. However, dried spices such as cayenne pepper, paprika, black pepper, etc. are allowed to be used to make these products.

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.  Exceeding this limit would render the product ineligible to be sold under the Cottage Foods Act and subject it to the liquor laws and regulations enforced by the Colorado Department of Revenue. 

Can baked goods contain meat?

Can raw agricultural commodities such as honey, vegetables, and fruits from a local farmer or bee keeper be used to prepare cottage foods?

Is flour considered a raw agricultural commodity?
No. The grain used to make the flour would be considered a raw agricultural product.

Can I use hemp in my cottage food products? Sterile hulled hemp seeds, hemp seed protein powder, and hemp seed oil from approved manufacturers can be used in a cottage food. Other parts of the industrial hemp plant, including oil produced from this material, cannot be used. The rationale is that the other parts of the industrial hemp plant contain both cannabidiol (CBD) and tetrahydrocannabinol (THC), while the seeds only contain a trace amount. Products that contain CBD or THC are not allowed products under the Cottage Foods Act.

Only registered and inspected food industrial hemp manufacturers are allowed to produce food products containing CBD.  For more information about industrial hemp visit our Hemp in food page.

Can I sell low sugar fruit butter, preserves, jams, and jellies under the Act?
No. Standardized recipes for these products use sugar. When sugar is added to a product a high sugar environment is created which provides for protection and inhibits the growth of harmful bacteria. Sugar substitutes or artificial sweeteners are not allowed for use in the production of cottage foods because they create a low sugar environment thus allowing the growth of harmful bacteria.

The Colorado Cottage Foods Act requires producers to complete a food safety training course prior to starting a cottage foods business. The following options are available to meet this requirement. Only one of the three options below must be completed. Trainees must remain in good standing with the course requirements including renewal of certificates of completion as required by the course developer.

Option 1

Complete Food Safety Training for Colorado Cottage Food Producers, offered by Colorado State University Extension. This is an in-person, classroom style training. Since 2014, 140 trainings have been implemented statewide. As a result, over 2,020 cottage food producers have received certificates of completion. Certificates are good for three years from the date of completion. 

Food Safety Training for Cottage Food Producers

If you already have a food safety training certificate from CSU Extension, but it has expired, you can take the online course to renew your certificate. 

CSU Extension Recertification Training Webinar

Option 2

Obtain a Food Handlers Card. Producers can obtain a food handlers card by completing an online training course at State Food Safety.

State Food Safety Food Handlers Card training

Option 3

Attend a food safety training course offered by your local public health agency. Some agencies offer classroom style food safety training to restaurant operators and staff. Contact them to determine if cottage food producers can attend. 

Find my local public health agency

Do Cottage Foods have to be packaged and labeled?
Yes. All Cottage Foods should be packaged and labeled with specific information including an exact disclaimer prior to selling them directly to the informed consumer.
 

Can Cottage Foods be labeled as "allergen­ free"? No. All Cottage Food products must be labeled with a disclaimer stating that they were produced in a home kitchen without regulatory oversight and may also contain common allergens.

Can Cottage Foods be labeled as "organic"?

Contact the Colorado Department of Agriculture, Plants Division for additional information.

There are restrictions on how and where you can sell your Cottage Foods product(s).

• Product(s) must be delivered directly from producer to an informed end consumer and cannot be resold.
• Product(s) cannot be sold to restaurants or grocery stores.
• Product(s) may only be sold in Colorado. 
• At the point of sale, clearly display a placard, sign or card with the following disclaimer: "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 is a designated representative?
A designated representative, is a representative of the cottage food producer who is knowledgeable about the product and able to answer general consumer questions about the product.

What is an informed end consumer?
An informed consumer, is a consumer who has been provided with general product information including the product name, address where the food was prepared, current telephone number or email address of the producer, date the food was produced, ingredients, and a disclaimer that the food was prepared in a home kitchen not subject to licensure or inspection and that it may contain common food allergens. An end consumer is the person who purchases and consumes the product.

Can a producer sell their Cottage Foods product(s) at multiple locations and events, even if they occur on the same day and at the same time?
Yes. A producer or their designated representative can sell and deliver the product directly to an informed end consumer.

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 I make my cottage foods for a catered event? No. The Cottage Foods Act requires that product be sold by the producer or their designated representative directly to the informed end consumer.   

Can a retail food establishment (restaurant, mobile unit, grocery store, etc.) sell Cottage Foods?

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.

Net revenue allowance If I produce muffins, does the Act allow me to earn up to $10,000 for each type (blueberry, banana, chocolate chip)?

Yes.  

Registration is not required; however you may choose to register your business with the Secretary of State. Register with Secretary of State.

The Act requires a cottage food business structured as an LLC to have two or fewer members, meaning one to two owners. An LLC can have an unlimited number of employees (non-owners) including those that are designated representatives.

Assure safe pickled fruit and vegetable products and preserves by using recipes from reputable sources, such as:

Testing pH

The pH of your finished pickled fruits and vegetables must be 4.6 or below.

• Test the first batch of each recipe during the production season. You can do this yourself, or through a certified food laboratory.
• Review information about pH and the use and calibration of a pH meter by visiting the University of Wisconsin extension website.

Record keeping

Keeping production records is a valuable business practice and should include the following:

• Name of the product.
• Recipe, including procedures and ingredients.
• Amount prepared and sold.
• Date of preparation.
• Date and location of sale.
• Gross sales receipts.
• pH test results.

Sanitation

How should I clean my work surfaces?
Clean work surfaces with soap and water, rinse them with plain water, and then spray or wipe them down with a sanitizer. A sanitizer solution can be made by mixing 1/8 teaspoon unscented, regular bleach (8.25%) with 16 ounces of water.

My home has a private water system. Can I prepare Cottage Foods there?
Yes. Consider testing private water supplies at least once a year.

If I'm ill, can I prepare food?
Never prepare food while ill. Continue when you feel better and are symptom free for at least 24 hours. Wash your hands often and never handle ready-to-eat foods with your bare hands.

Food safety is a core value that your friends, family, and valued customers expect from your products. One key indicator of validating your pickling process is knowing that your final pH is accurate and consistent, to measure the acidity of your finished product. Knowing this with certainty will give you and your customers peace of mind.

Although foodborne botulism is rare, it is commonly associated with homemade pickled fruit and vegetable products that measure pH above 4.6. These elevated pH levels create the perfect environment for the harmful toxins to grow and to potentially expose your end consumer to foodborne botulism. The chance of this occurring can be minimized by having your pickled fruit and vegetables products tested.

If you choose to have your product tested, the results will validate your standardized, personal, or family recipe(s) and verify a finished equilibrium pH of 4.6 or below. Results will be mailed directly to you and will confirm if your recipe is just right or prompt you to make adjustments to assure the safety of your product for your customers. 

We currently offer free pH testing for Cottage Food producers who make the following products. Free pH testing for pickled fruit and vegetables made by cottage food producers is now being offered on a first-come, first-served basis: 

• Chutney
• Kimchi
• Pickled fruits
• Pickled vegetables
• Pickles
• Relish
• Sauerkraut
• Vinegar (fruit/vegetable)

What if I want to submit products for pH testing that are not listed above?

To request pH testing of other products at your own expense, visit the lab website for more information.

General lab information

Participation will validate your standardized, personal, or family recipe(s) for pickled fruits and vegetables and verify a finished equilibrium pH of 4.6 or below. Pickled fruit and vegetable products not allowed to be sold under the Act will not be tested. A producer may submit up to five different products for free equilibrium pH testing. Results will be mailed directly to you and will confirm if your recipe is just right or prompt you to make adjustments to assure the safety of your product for your customers.

Download the Request for Analytical Services form and complete the following sections:

• Customer Information:
• Specimen Information: 
  • Collected (provide the production date).
  • Time (provide the approximate time the product was finished).
  • Collected by (provide your name).
  • Comments (provide the produce name).
• Chain of Custody​:
  • Relinquished by (provide the name of the person dropping off or shipping your sample).
  • Date/time.
• Leave the following fields blank:
  • Sample site, water type, chlorine residual, water temperature, fluoride, and temperature at receipt.
• For free cottage food testing please write in comments: Cottage Foods Testing bill DEHS per MOU.

Place the form in a sealable bag (like a Ziploc™ bag) and securely attach it to the sample. Each sample must have a separate request form attached.

Drop off or ship your sample to:

Laboratory Services Division 8100 Lowry Blvd

Denver, CO 80230

Lab hours and directions

- OR -

Take your sample to one of the free courier service pick-up locations near you: call the listed contact to confirm your drop off time and location.

At your own expense, you can submit your samples for pH testing to the Laboratory for a fee of $22.00 per sample. Contact the Laboratory Services Division for more information.

What type of buffer solutions do I need to use to calibrate my pH meter?

How long do pH testing buffer solutions last?

• Growing beyond cottage foods has more information to help you grow a successful business beyond cottage foods. As a cottage food producer you are limited to selling certain foods, at specific locations within Colorado and your net revenue is restricted to $10,000 per product. As your business expands beyond these limits, you will need to register with us as a food manufacturer and/or become a licensed retail food establishment.
• Egg production beyond cottage foods has more information to help you grow your egg production business beyond cottage foods. The Cottage Foods Act allows you to sell up to 250 dozen eggs per month, of any variety, directly to the informed end consumer within Colorado. As your business expands beyond these limits, specific licensing and registration requirements apply.