Tamale Act passes in Colorado House, moves on to state Senate as some community members raise concerns

A bill aimed at helping home cooks turn their kitchens into businesses is moving forward at the Colorado Capitol, but concerns about food safety and privacy are fueling debate.

HB26-1033 Tamale Act Colorado would expand Colorado's cottage food law, allowing people to legally sell homemade meals including foods requiring refrigeration and meat products from their homes.

Supporters say the proposal could create new opportunities for entrepreneurs, especially in immigrant communities.

"It would open doors for entrepreneurship," said Alejandro Flores-Muñoz owner of Combi Taco Catering in Denver.

Flores-Muñoz operates out of a commissary kitchen and says his team prepares more than 900 meals daily for two homeless shelters in Denver.

Inside his kitchen, Lidia Soria says she hopes to one day grow her own home-based cooking business.

"My dream has always been to grow, but it is complicated," Soria said.

Angel Merlos with the Libre Initiative, an organization advocating for economic freedom policies, says the bill is modeled after similar legislation passed in Arizona.

"Our team out in Arizona passed a very similar bill to remove barriers and allow for food freedom to happen at homes and to support food entrepreneurs," Merlos said.

The bill would require food safety training, registration with the state and allow health departments to maintain a registry of sellers.

"Our immigrant community for generations have used their labor, used their cooking skills, to be able to make income," Flores-Muñoz said.

But as the bill moved through the House, additional provisions were added including language allowing random inspections of home kitchens by health departments.

"They're introducing items in this bill that we believe could hurt and be a violation of the Fourth Amendment of the Constitution," Merlos said.

The bill would also allow health departments to issue fines and recover costs tied to inspections or investigations.

Supporters of the changes argue they are necessary to address food safety concerns.

The owner of Denver restaurant Adobo says while he supports the overall idea behind the legislation, he worries about the risks that could come with people preparing food at home.

"The folks are going to take a food safety course, but we are cooking in our home, and people are going to be coming down with illnesses," he said. "That's going to be a challenging place for anybody to be."

In a statement to CBS Colorado, the Denver Department of Public Health & Environment said they're not able to provide comment on pending legislation, but can provide some background:

From a public health perspective, home kitchens are not designed or equipped to meet established commercial food safety standards. They often lack industrial‑grade refrigeration and proper sanitization. Everyday household activities like pets, children, allergens, and shared surfaces can introduce contamination that would otherwise be controlled in a licensed facility. Without routine inspections and oversight, it becomes challenging to verify proper temperature control, hygiene practices, and safe food handling, all of which are critical to preventing foodborne illnesses.

It's possible, that if we see more people selling food that is prepared in their home, we could see more complaints of foodborne illness. If the bill passes, DDPHE would have authority under the bill and Denver's Revised Municipal Code to address public health risks when products appear misbranded, when complaints are received, or when an outbreak is suspected.

While the amended bill includes several measures intended to reduce risk including required food safety training, limits on cooling and reheating, time restrictions on transport, and prohibitions on bare‑hand contact, these safeguards only reduce illness risk when consistently and correctly followed.

So far this year, DDPHE has received 8 complaints and issued cease and desist letters to people making and selling food from their home. However, all of these vendors were operating more like mobile restaurants, so would not fall under the new law, which required food to be packaged. 

Still, supporters say the bill could help families struggling with the rising cost of living.

"With everything going on, people are fighting the cost of living and just trying to make ends meet," Merlos said.

The bill now heads to the Colorado Senate, where lawmakers could still make changes before a final vote.