GREELEY – It’s been nearly a year since majority Democrats in the Colorado legislature told Rep. Ryan Gonzalez that his bill to revamp the Colorado Cottage Foods Act (CCFA) was not a good idea.
The Weld County Republican is back again this year for another bite, this time with Democrat backing.
Lat year’s House Bill 25-1190, which Gonzalez dubbed the “Tamale Bill,” was an effort to help ease the regulatory burden for immigrant constituents who wish to sell ethnic cuisine, among other foods that require refrigeration and that are made in their home kitchens, direct to the consumer.
Gonzalez said it was a way for families to make additional money as Colorado’s cost of living continues to rise. The bill was narrowly killed in its first Democrat-controlled committee hearing 7-6, with all four Republicans casting yes votes, joined by two Democrats.
Some did not like the $200,000 fiscal note that was attached, others wanted a more robust enforcement mechanism.
The bill would have kept all current regulations under the Cottage Foods Act, while adding some refrigerated foods to the eligibility list. Those regulations include;
- Foods should be packaged and labeled with specific information including an exact disclaimer prior to selling them directly to the informed consumer.
- Food products must be labeled with a disclaimer stating that they were produced in a home kitchen without regulatory oversight, state licensure or inspection and that the product is not intended for resale and may also contain common allergens.
- 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.
- Producers may not make more than $10,000 a year on their products.
Back for another bite
Some of those opposed, however, offered to work with him to bring it back this year. And while Gonzalez is still lining up Senate support, he was able to team up with Rep. Monica Duran, the second most powerful Democrat in the House, to co-sponsor his remake version, House Bill 26-1033.
Duran told Complete Colorado that the bill uplifts Coloradans, while still ensuring food safety is a top priority. “Our bipartisan legislation modifies the Colorado Cottage Foods Act to include the sale of homemade foods that require refrigeration and includes meat products, such as tamales,” Duran said. “This bill creates an opportunity for Coloradans who sell homemade food to eventually open a food truck or restaurant, while making sure consumers can rest assured knowing the food they purchase is as safe as it is delicious.”
This year’s version made a few changes, among other things requiring a producer of foods that require time and temperature control to take a food safety course, and to keep and maintain proof of the training.
It also authorizes a local health agency that inspects or investigates homemade food products to impose a fine for a violation of the requirements of the CCFA, and to recover the cost of the inspection or investigation.
The bill also removes the $10,000 cap on net revenues that a producer can earn under the CCFA.
HB 1033 currently does not have a fiscal note, which Gonzalez said they are working hard to avoid.
“It has been proven in states that have expanded their laws similarly that home-based entrepreneurs have quickly grown into larger food truck operators and restaurateurs,” Gonzalez said. “With the number of restaurants and other food establishments shutting down rapidly across Colorado, this is a much-needed way to give hard-working Coloradans a hand up.”
The bill has been assigned to the House Agriculture, Water and Natural Resources Committee, there is no date as of yet set for its hearing.
