NEWS!!! Colorado Cottage Food Act Becomes Law
In 2012, the Colorado Legislature enacted Senate Bill 12-048, allowing individuals to produce, sell, and store certain types of “cottage food” products in an unlicensed home kitchen. A copy of this bill can be found at http://www.cdphe.state.co.us/cp/index.html.
Cottage food products include such items as spices, teas, dehydrated produce, nuts, seeds, honey, candies, jams, jellies, and certain baked goods. Cottage food operations require no license or permit from the Colorado Department of Public Health and Environment and are not inspected by any state or local government entity. They are, however, required to be certified in safe food handling and processing by a third-party certifying entity and must meet specific product labeling requirements, as outlined in Section 25-4-1614 of the Colorado Revised Statutes. Cottage food operations are also subject to investigations of potential food-borne illness.
Gross sales for each product produced by a cottage food operation must not exceed $5,000 annually. Products must be sold directly by the cottage food operator to the end consumer. Sales by consignment or to retail food or wholesale food establishments are prohibited.
A brochure with a list of allowable food products and labeling requirements can be found at:
http://www.cdphe.state.co.us/cp/CottageFoodProducerBrochureFINAL_04_27_12.pdf
About
Retail Food Establishment:
Means a retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premised or whether there is a charge for such food. Examples include restaurants, convenience stores, schools, markets, concession stands, etc.
For additional information from the Colorado Department of Public Health & Environment visit www.cdphe.state.co.us/
Please complete the Retail Food Establishment Plan Review Packet and License Application to apply for a Retail Food Establishment license located in Food Safety Forms.
Note: While, generally, a home kitchen cannot be licensed as a retail food establishment, there may be circumstances in which a retail food establishment may exist at a residence, if it is located in a separate, dedicated area with a separate entrance, and provided with all other equipment and finishes required by the Colorado Retail Food Establishment Rules and Regulations. In addition, municipal or county zoning regulations would need to be followed. Please call for further information, prior to considering this option and, especially, before beginning any remodeling. We can be reached at 970-304-6415.
Mobile Food Establishment:
As defined by the State of Colorado, a mobile food establishment is a retail food establishment that reports to and operates from a commissary and is readily moveable; is a motorized wheeled vehicle; or a towed, wheeled vehicle designed and equipped to serve food.
For additional information from the Colorado Department of Public Health & Environment visit www.cdphe.state.co.us/
Please complete the Mobile Unit Food Establishment Plan Review Packet and License Application to apply for a Mobile Unit Retail Food Establishment License.
Farmer's Market:
Farmer's markets selling only UNCUT fresh fruit and vegetables are exempt from licensing requirements of the Retail Food Protection Act. Samples of products may be offered to consumers by vendors that are not licensed as retail food establishments and, therefore are not required to comply with the provisions of the Retail Food Establishment Rules and Regulations. Unlicensed vendors should follow these minimum sanitation guidelines to reduce the chance of forborne illness caused by unsafe food samples. To obtain a license go to the Mobile Unit Section (see above) on this page.
For more information about licensing and regulatory requirements, please contact the Environmental Health Services division at (970) 304-6415. For City of Greeley Sales Tax Licensing Information click here: City of Greeley
More information is also available in Preparing & Offering Food Samples to Consumers and from the Colorado Department of Public Health & Environment's Retail Food Establishment Interpretation of Memo# 02-02.
Chili Roasters:
Please complete the Chili Roaster Plan Review Packet and License Application to apply for a Chili Roaster License.
Change of Ownership:
If you are assuming ownership of a licensed retail food establishment, and you meet the following conditions, you may submit the shorter “change of ownership” packet (see the links on the right hand side of this page) rather than the full plan review packet:
- The facility has been closed for less than two (2) weeks.
- The menu remains unchanged.
- The equipment inside remains unchanged.
- The layout of the kitchen is unchanged.
If any of the above conditions cannot be met, then you must complete and submit the Retail Plan Review and Application packet and the Retail Food Establishment License Application. These forms are available on our website (see the links to the right) or from the health department office at the address above.
The change of ownership packet must include all information requested in the introductory letter that accompanies the packet. Failure to provide information in full may result in a delay in the processing of the license.
