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Cottage law confusion

This topic contains 4 replies, has 2 voices, and was last updated by  David Crabill 7 years, 6 months ago.

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    Sarah Fruehan

    Baking at home and selling in your own shop? So I have the opportunity to rent a small shop and looked into installing a commercial kitchen space there but it looks like the space will be too small. I would still like to take advantage of this retail space, and the shop that was there before me would bake at home and sell in the store. I also have known another baker who does the same thing and rents space in an antique shop to sell her packaged baked goods. She is on site and sells. I am wondering if this falls under cottage law? I was told it was by both parties. But when I look online, it seems you can’t sell IN a retail store. Can you if you are the store owner??



    If u t producing out of any size commercial kitchen, u r producing commercially. U can sell retail and if u apply for a wholesale license, u can selling wholesale as well. Cottage foods r made in a home ir non licensed kitchen and can only be sold directly to the final consumer ( no storefronts at all but farmers markets and out of residences ok). Only certain foods can be sold this way. Check the cottage foid allowed list,


    David Crabill

    Sarah, this would probably be fine as long as you are producing the food yourself and selling the items yourself. The “retail store” prohibition is referring to indirect sales being disallowed. Also, commercial food establishments probably cannot sell homemade food, so installing a commercial kitchen may actually prohibit you from using the cottage food law. I’d recommend that you contact the health dept before proceeding.



    Check the newly released, revised Cottage Law stipulations just released by the Colorado Department of Health. There has been significant change (LLC -max 2 partners; location for production can be other than personal kitchen; sales stipulations have changed; what can be sold now includes pickles as well though not salsa)
    Good sources for most recent information:


    David Crabill

    Thanks Wendy. I believe the most recent amendment won’t go into effect until August 4th. Where did you see the restriction for LLCs?

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