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DENVER, CO — The House today passed legislation to allow the sale of temperature-controlled homemade foods in Colorado. The Tamale Act passed by a vote of 46-17.
“Growing up, I watched my abuela and mom sell delicious food to make ends meet, and this bill is an entrepreneur’s dream realized,” said Majority Leader Monica Duran, D-Wheat Ridge. “The Tamale Act makes it possible for Coloradans to sell safe, temperature-controlled foods, like tamales and burritos, with fewer barriers. We know that many immigrant families are looking for new, creative ways to earn money while navigating the Trump Administration's harsh policies, and our bill will open doors. The Tamale Act is a win for home chefs, and I know it will make all the difference to people like my abuela.”
The Tamale Act (HB26-1033) would allow for the sale of homemade foods in Colorado that require refrigeration and foods that include meat or meat products. To keep Coloradans safe, homemade food sellers must 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 Representative Ryan Gonzales, R-Greeley.
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 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.”