DENVER – It’s not often a legislator is pleased to see one of his own bills gutted, but after barely recognizing the version of House Bill 26-1033 that passed out of the Colorado House, Rep. Ryan Gonzalez (R-Greeley) is happy the Senate sponsor was able to get rid of most of the unwelcome changes made to what has been dubbed the “Tamale Bill.”
“I never wanted those changes,” Gonzalez said about the amendments that turned his bill expanding the Colorado Cottage Foods Act (CCFA) from one most everyone was onboard with to one of the most controversial of the session.
Gonzalez said he and his co-sponosr, Jefferson County Democrat Monica Duran, agreed to the changes only because the Chairman of the House Appropriations Committee, Rep. Kyle Brown (D-Boulder) was holding the bill up and wouldn’t advance it otherwise.
“He wanted the revenue cap lowered,” Gonzalez said. “He wanted to take meats out of the options. He wanted to put in guardrails for local public health. Then it was a two-year sunset. Then it was random home inspections. I was not comfortable with them, but I had to get it out of appropriations.”
He also knew he had Weld County Republican Sen. Byron Pelton, another sponsor of the bill, in his corner to help clean up the language when it reached the Senate chamber.
And clean it up Pelton and his Senate co-sponsor Sen. Robert Rodriguez (D-Denver) did, with the Senate Agriculture and Natural Resources Committee removing most everything Brown added, including:
- A section creating the “Cottage Food Cash Fund.”
- A section that allowed for random home inspections if a complaint or food-borne illness outbreak occurred. Instead, those instances would now allow the local health department to implement corrective procedures such as training and food sampling tests, among other things.
- The two-year sunset clause that would have allowed the legislature to repeal the act in 2028.
The committee also made the act effective on passage with the exception of a couple minor changes, which will take effect next January 1.
Expanding cottage foods
Gonzalez says he is pleased with the changes and does not expect an issue when the bill goes back to the House to concur with the new language, adding he had worked for two years on this bill, and is one of the most important bills he’s brought forth in his freshman term in the legislature. He hopes the changes made will increase support among lawmakers resistant to the random house inspections requirment.
“They wouldn’t like it if I made those kinds of changes to their bills,” Gonzalez said. “I’m thankful to Byron for his help on this. Appropriations should have focused on the appropriations portion of the bill, not the public health aspect. That piece was already approved in the correct committee.”
The bill will keep all the 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 $150,000 a year on their products, up from the original $10,000 but places some limit as the original version did not cap revenue. It also includes the ability to raise that for inflation.
Duran told Complete Colorado previously 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.”
The bill does have a $300,000 fiscal note; however, that money comes from uncommitted existing money already in the health department budget.
“That fiscal note is for potential outbreaks and investigations,” Gonzalez said. “There is a high probability we’re not ever going to use that money. Eleven or 12 other states have similar laws and the Institute of Justice has statistics that show there are no known traces of outbreaks that are tied to cottage food vendors.”
The bill now moves to the Senate Finance Committee and then Appropriation before being heard on seconds in the Senate. Pelton said he is confident it will get back to the House to concur with Senate changes and repassed before session ends on May 13.
“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.”
