NOTE: The governor signed this measure on 5/1/2015.
      
      
      SENATE BILL 15-085
      
      
      BY SENATOR(S) Martinez Humenik, Ulibarri, Baumgardner, Cooke,
      Crowder, Donovan, Garcia, Grantham, Guzman, Heath, Hill, Hodge,
      Holbert, Jahn, Johnston, Jones, Kefalas, Kerr, Lambert, Lundberg, Marble,
      Merrifield, Neville T., Roberts, Scheffel, Scott, Sonnenberg, Todd, Woods,
      Cadman;
      also REPRESENTATIVE(S) Winter and Buck, Arndt, Becker K., Brown,
      Carver, Esgar, Fields, Ginal, Hamner, Kraft-Tharp, Landgraf, Lawrence,
      Lebsock, Melton, Mitsch Bush, Moreno, Priola, Rosenthal, Roupe, Saine,
      Salazar, Tate, Tyler, Van Winkle, Vigil, Willett, Young, Hullinghorst,
      Conti, Kagan, Lee, Pettersen, Ransom, Williams.
      
      
      Concerning the expansion of the "Colorado Cottage Foods Act,"
           and, in connection therewith, increasing the net revenue a
           producer can earn under the act.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25-4-1614, amend (2)
      (e) and (9) (c) as follows:
      
           25-4-1614.  Home kitchens - exemption - food inspection - short
      title - definitions. (2) (e)  This section applies only to producers who earn
      net revenues of five ten thousand dollars or less per calendar year from the
      sale of each eligible food product produced in the producer's home kitchen
      or a commercial, private, or public kitchen.
      
           (9)  As used in this section:
      
           (c)  "Producer" means a natural person who is a resident of Colorado
      and who prepares nonpotentially hazardous foods in a home kitchen or
      similar venue for sale directly to consumers pursuant to this section. A
      producer may only be:
      
           (I)  An individual who is a resident of Colorado; or
      
           (II)  A limited liability company formed in Colorado,
      consisting of two or fewer members, and of which all members are
      residents of Colorado.
      
           SECTION 2.  In Colorado Revised Statutes, 12-16-103, amend (4)
      (b) (II) as follows:
      
           12-16-103.  Definitions - rules. As used in this part 1, unless the
      context otherwise requires:
      
           (4) (b)  "Dealer" does not include:
      
           (II)  A producer under the "Colorado Cottage Foods Act", section
      25-4-1614 (9) (c), C.R.S., who earns net revenues of five ten thousand
      dollars or less per calendar year from the sale of each eligible food product.
      on the person's premises, at the person's roadside stand, at a farmers' market
      or community-supported agriculture organization, or in any similar venue
      where the product is sold directly to consumers.
      
           SECTION 3.  In Colorado Revised Statutes, 12-16-202, amend
      (4.5) (b) (II) as follows:
      
           12-16-202.  Definitions - rules. As used in this part 2, unless the
      context otherwise requires:
      
           (4.5) (b)  "Commodity handler" does not include:
      
           (II)  A producer under the "Colorado Cottage Foods Act", section
      25-4-1614 (9) (c), C.R.S., who earns net revenues of five ten thousand
      dollars or less per calendar year from the sale of each eligible food product.
      on the person's premises, at the person's roadside stand, at a farmers' market
      or community-supported agriculture organization, or in any similar venue
      where the product is sold directly to consumers.
      
           SECTION 4.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 5, 2015, if adjournment sine die is on May 6,
      2015); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2016 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to conduct occurring on or after the applicable
      effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO