What Colorado actually decides
The Colorado cap is per product, and CDPHE confirms it in its own FAQ. Ten thousand dollars of net revenue per calendar year from the sale of each eligible food product, as a separate bucket each time. Sell three products and you have three ceilings. It is an unusual design and it rewards a varied menu rather than a single hero item.
Right now there is no licence, permit or state registration. The statute switches off the licensing sections outright and allows only a voluntary registry. That ends on 1 January 2027, when annual CDPHE registration becomes mandatory before you sell, with a department-issued registration number and a public electronic registry updated monthly. Whether it carries a fee is not stated, because the bill funds the programme from a new cash fund instead.
The same date replaces the cap entirely: $150,000 gross across the whole operation, adjusted annually for inflation, and not per product any more. For a seller with one strong product that is a large increase. For a seller with six products each near $10,000, it is worth doing the arithmetic before celebrating.
The label changes on that date too. The registration number gets added, the county where the food was prepared replaces the address, and a new CDPHE website line lets a customer report illness and verify your registration. Anything you print in late 2026 will need redoing.
One caveat on the sourcing. The agency's own page did not spell out the permit or registration, so those came from the statute and secondary sources rather than from Colorado Department of Public Health and Environment directly. Everything else on this page was read off an official source on September 9, 2026. If one of those points decides your case, ask them.
The short version
What you can sell in Colorado
Straight from the official record. Read these as categories rather than a menu, because one recipe can cross the line on its own: a filling that needs refrigeration, a pH that needs testing, or a process that needs an authority to sign it off.
- Pickled fruits and vegetables with a finished equilibrium pH of 4.6 or below
- Dry spices and dry teas
- Dehydrated and freeze-dried produce
- Nuts and seeds
- Honey, jams, jellies, preserves and fruit butter
- Flour, candies, fruit empanadas, tortillas and similar products that do not need refrigeration for safety
- Baked goods such as muffins, fruit pies, cookies and cakes
- Roasted coffee beans
- Buttercream made with ghee or vegetable oil. Buttercream made with butter is not allowed
- Candies such as cotton candy and fudge
- Up to 250 dozen whole eggs per month
- On the CDPHE checklist but not the web page: dry mixes, flavoured vinegar and bitters, syrups, dried pasta, canned fruits in syrup, and fermented vegetables such as kimchi and sauerkraut at pH 4.6 or below
What is outside the rule
If your product is on this list, the answer is not "ask nicely". It is a different licence, a different kitchen, or both.
- Any meat product, including bacon, jerky, chicharron, poultry, fish and shellfish, as a product, an ingredient or a topping
- Baked or fried goods with cream, custard or meringue fillings or toppings
- Cakes or pastries with buttercream frosting unless it is made with ghee or vegetable oil
- Sauces such as barbecue, hot sauce, pasta, pizza and salad dressing, and condiments such as ketchup and mustard
- Beverages
- Pumpkin, sweet potato and cream pies
- Cut fresh fruits and vegetables, juices, concentrates and purees
- Pepper jelly or jams made with fresh or home-dehydrated peppers, freeze-dried meals, and CBD or THC products
Where you are allowed to sell it
The researched record lists direct sales, farmers markets, online orders, delivery, in-state shipping.
One channel being open does not open the rest. Shipping, delivery and wholesale each turn on the product and where it is going, so check the route you actually plan to use.



