Tamale Act Advances Unanimously

HB26-1033 would allow for the sale of homemade foods, creating more opportunities for Coloradans to work hard and earn a living

DENVER, CO – The Senate Agriculture and Natural Resources Committee today unanimously passed bipartisan legislation to open up more opportunities for Coloradans to work hard and earn a living by allowing the sale of temperature-controlled homemade foods in Colorado. 

The Tamale Act, HB26-1033, is sponsored by Majority Leader Robert Rodriguez, D-Denver. It would allow for the sale of homemade foods in Colorado that require refrigeration and foods that include meat or animal products. 

“People already sell prepared food – like tamales, pupusas, and baked goods – to their friends, family, and neighbors,” said Rodriguez. “This is a way that Coloradans share their culture, support each other, and work hard to earn extra money and support their families. This bill creates a pathway for this to happen in a safe and legal way.” 

To keep Coloradans safe, homemade food sellers would be required to complete a food safety course that includes proper food handling, including time and temperature control. Food sellers must maintain proof of the course completion. The course can be completed in-person or online. Additionally, food sellers may not transport the food more than once or transport it longer than two hours. The Tamale Act is also sponsored by Senator Byron Pelton, R-Sterling.

In 2012, Colorado passed the Cottage Food Act. This law allowed for the sale of some homemade food items, including coffee beans and pickles, but not temperature-controlled items or meat and dairy products. This bill expands the Cottage Food Act so home food sellers can sell products that include staple ingredients, such as butter, milk and meat. 

The Institute for Justice (IJ) analyzed data from seven states with some of the broadest homemade food laws and found no significant instances of foodborne illness traced back to homemade foods. In the report, IJ stated these results should not be surprising considering “many of these cottage food businesses are run by only one or two people, with their name, reputation, and livelihood on the line.”

HB26-1033 now heads to the Senate Finance Committee for further consideration. Track its progress HERE.