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El Paso County, CO Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

State Law
C.R.S. §25-4-1614
Revenue Cap
$10,000 per product/year
Required Course
Food safety certificate
Shipping
Not allowed, direct sales only

Summary

El Paso County follows the Colorado Cottage Foods Act (C.R.S. §25-4-1614). Non-potentially hazardous homemade foods may be sold directly to consumers up to $10,000 per product per year. Labeling and food safety course required.

These county ordinances apply to unincorporated areas of El Paso County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

In 2012, the Colorado legislature enacted the Colorado Cottage Foods Act, allowing limited types of food products that are non-potentially hazardous (do not require refrigeration for safety) to be sold directly to consumers without licensing or inspections. Eligible foods What type of foods are eligible? Foods that are non-potentially hazardous, or in other words, do not require refrigeration for safety. This includes: Pickled fruits and vegetables with a finished equilibrium pH of 4.6 or below. Dry spices. Dry teas. Dehydrated produce. Nuts, seeds. Honey, jams, jellies, preserves, fruit butter. Flour, candies, fruit empanadas, tortillas and other similar products that do not require refrigeration for safety. Up to 250 dozen whole eggs per month may also be sold. Baked goods such as muffins, fruit pies, cookies, and cakes. Roasted coffee beans. Buttercream made with ghee or vegetable oil (buttercream made with butter is not allowed). Candies such as cotton candy and fudge. Freeze-dried produce. Selling cottage foods There are restrictions on how and where you can sell your Cottage Foods product(s). 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. At the point of sale, clearly display a placard, sign or card with the following disclaimer: "This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale."

Source: Colorado Department of Public Health & EnvironmentView official code

Full Breakdown

§25-4-1614) governs home food production statewide including El Paso County. Producers may sell up to $10,000 gross annually per product category directly to consumers without commercial kitchen licensing or routine health inspections. Permitted products include baked goods (breads, cookies, cakes without potentially hazardous fillings), jams, jellies, preserves, dried fruits and vegetables, candies, honey, roasted coffee, and dry spice mixes. Prohibited: meat and poultry, dairy, fish, cut fresh produce, juice, canned low-acid foods (green beans, pumpkin butter), and any refrigeration-required items. Producers must complete an approved food safety course (typically ServSafe or Colorado State University Extension cottage foods class).

Products must be labeled with producer name and address, product ingredients (in descending weight order), allergen declaration, net weight, and the statement: "This product was produced in a home kitchen that is not subject to state licensure or inspection and that may also process common food allergens. " Sales channels: farmers markets, roadside stands, direct home sales, and CSAs. Online sales with in-person or local delivery are permitted; interstate or shipping sales are not.

Violations & Fines

Selling non-permitted foods: cease and desist from Colorado Department of Public Health and Environment (CDPHE). Exceeding $10,000 per product: commercial kitchen and licensing required. Missing labels or food safety certificate: warning then fines. Foodborne illness: potential criminal liability.

Frequently Asked Questions

What are typical penalties for violating cottage food rules?
Most El Paso County home business violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult El Paso County's municipal code or staff for the current penalty schedule.

Sources & Official References

Other rules in El Paso County

All El Paso County rules

Compare El Paso County to another location·View the Colorado home business overview

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