NOTE: The governor signed this measure on 6/5/2015.
      
      
      HOUSE BILL 15-1102
      
      
      BY REPRESENTATIVE(S) Hamner and Willett, Becker K., Conti, Duran,
      Fields, Ginal, Kraft-Tharp, Lontine, Mitsch Bush, Pabon, Primavera,
      Rosenthal, Roupe, Vigil, Williams, Hullinghorst;
      also SENATOR(S) Donovan and Grantham, Baumgardner, Cooke,
      Guzman, Heath, Hodge, Kefalas, Lundberg, Marble, Martinez Humenik,
      Merrifield, Neville T., Newell, Roberts, Todd, Woods.
      
      
      Concerning the expansion of the "Colorado Cottage Foods Act",
           and, in connection therewith, increasing the food products
           a producer can sell under the act, requiring an additional
           disclaimer, and making an appropriation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25-4-1614, amend (2)
      (b) (I) and (9) (b); and add (3) (c) and (10) as follows:
      
           25-4-1614.  Home kitchens - exemption - food inspection - short
      title - definitions - rules. (2) (b) (I)  A producer is permitted under this
      section to sell only a limited range of foods that have been produced,
      processed, or packaged that are nonpotentially hazardous and do not
      require refrigeration. These foods are divided into two tiers:
      
           (A)  Tier one foods are limited to spices, teas, dehydrated
      produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour, and
      baked goods, including candies, fruit empanadas, and tortillas; and
      
           (B)  Tier two foods are limited to pickled vegetables that
      have an equilibrium pH value of 4.6 or lower.
      
           (3) (c)  A producer operating under this section shall
      conspicuously display a placard, sign, or card at the point of sale
      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."
      
           (9)  As used in this section:
      
           (b)  "Nonpotentially hazardous" has the meaning set forth in section
      25-4-1602 (12). and does not include low-acid or acidified foods.
      
           (10)  The state board of health shall promulgate rules,
      including enforcement provisions, necessary to provide for the
      production and sale of tier two foods.
      
           SECTION 2.  Appropriation. For the 2015-16 state fiscal year,
      $120,982 is appropriated to the department of public health and
      environment for use by the division of environmental health and
      sustainability. This appropriation is from the general fund and is based on
      an assumption that the division will require an additional 1.4 FTE. To
      implement this act, the division may use this appropriation for the cottage
      foods program.
      
           SECTION 3.  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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO