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Cottage Foods Act

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On March 15, 2012 Monica Wiitanen (second woman from the left) of Small Potatoes Farm witnessed Gov. Hickenlooper sign the Cottage Foods Act.  Monica has been instrumental in working with State Sen. Gail Schwartz to have a bill enacted that would provide additional income to small-scale farmers (and the home cook as well).

See what Monica has been baking for sale.

State Sen. Gail Schwartz offers her favorite Peach Chutney recipe.

Here's a press release:

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Today, Governor John Hickenlooper signed the bipartisan Local Foods, Local Jobs Act (SB-48) into law.  The Local Foods, Local Jobs Act , sponsored by Senator Gail Schwartz (D-Snowmass),supports local, small-scale growers and producers by creating alternative methods for them to sell homemade, value added goods.  This legislation will allow small growers to sell their products directly to consumers, jump starting local economies and increasing the availability of healthy, locally grown foods.  Colorado Commissioner of Agriculture John Salazar, as well as local farmers and producers Monica Wiitanen and Beth Conrey were present to show their support at the bill signing.

Senator Schwartz offered the following comment on the Local Foods, Local Jobs Act becoming law today:

“The passage of this legislation is so important to the economic success of our small farmers and producers, and I’m grateful many of these folks were able to come down to the State Capitol to testify and see all of their hard work signed into law.    I appreciate my colleagues across the aisle for their support of this bill.  I encourage everyone to support local producers and your farmers’ markets to enjoy Colorado’s locally grown goods.”

The Local Foods, Local Jobs Act will ease impediments to local markets by exempting home kitchens from certain health inspections that are generally applied to large retailers.  Home kitchens will be trained on safe food handling and processing procedures, as well as labeling requirements to ensure healthy products.  Small businesses that promote locally sourced foods can get a strong start due to these streamlined regulations. 

This bill is part of the Senate Majority’s “Colorado Works Jobs Package,” a series of bills focused on continued job creation and economic growth in the state.

Nearly 30 other states have passed similar laws to promote local products.  Senate Bill 48 was sponsored in the House of Representatives by Representative Don Coram (R-Montrose).

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Below is the bill in its final form.  The Western Colorado Congress has produced a Fact Sheet (download pdf).

The parts of main interest are Sections 5, 7, and 8. The bill is not restricted to farmers, but to any resident of Colorado. Also, one must take a class in safe food handling. If one wants to put up jellies and preserves, one must have taken a class in canning (in addition to the safe food handling class).

Here's what a producer can make:

(b)  A producer is permitted under this section to sell only a limited range of foods that are nonpotentially hazardous and that do not require refrigeration. These foods are limited to spices, teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, and baked goods, including candies.

The bill contains labeling requirements, so that is something that one should review.

This stipulates how products can be sold:

(d)  The foods produced under this section must be sold only: 
(I)  directly to ultimate consumers and not to grocery stores or restaurants; and 
(II)  on the producer's premises, at the producer's roadside stand, or at a farmers' market, community-supported agriculture organization, or similar venue where the product is sold directly to consumers.

Senator Schwartz indicated "or similar venue" includes community festivals and fairs, like Cherry Days, Mountain Harvest Festival, and the like.

A producer under this bill can make up to $5,000 NET per eligible food product each year.

A person can sell up to 250 dozen eggs per month, directly to customers,  including at Farmers' Markets, with some requirements for transporting them.  Someone who sells eggs might want to read Section 7 carefully in case there is more information that should be included.

Contact Monica Wiitanen for more info and/or questions.


Cottage Foods Act Brochure

Below is the a brochure regarding the Act.  You can also download it (pdf).