JOINT RELEASE: Tamale Act Signed Into Law

DENVER, CO —
Governor Jared Polis today signed the Tamale Act to allow the sale of temperature-controlled homemade foods in Colorado.
“Growing up, I watched my abuela and mom sell delicious homemade food to make ends meet, and this law is an entrepreneur’s dream realized,”
said House 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 law 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.”
“People already sell prepared food – like tamales, pupusas, and baked goods – to their friends, family, and neighbors,”
said Senate Majority Leader Robert Rodriguez, D-Denver
. “This is a way that Coloradans share their culture, support each other, and work hard to earn extra money and support their families. This law creates a pathway for this to happen in a safe and legal way.”
The
Tamale Act
(
HB26-1033
) will 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. 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 Gonzalez, R-Greeley and 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. HB26-1033 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.”