POLICY DATABASE
Boulder, Colo., Code §6-17-1 et seq. (current through Jan. 17, 2018)
Brief Summary
Generally regulates cottage foods and fresh produce production and sales in homes. Restricts sales hours; restricts sales of home grown produce to raw, whole produce grown on the premises; and requires cottage food producers to comply with state law. Also requires home producers to obtain a city sales and use tax license; disallows marijuana from being considered either a cottage food or produce. Recognizes cottage food production supports health and local food production.
Legal Strategies
Requires something, sets standards.
Reach
Community-wide
Food System Category: Grow, Process
State: Colorado
Jurisdiction Type: City
Jurisdiction Name: Boulder
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Refers to protecting public health, safety, and welfare (§ 6-17-1(a)), and to "a healthy alternative to commercially produced food" (§ 6-17-1(b)(1)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Refers to "locally grown food" (§6-17-1(b)(1)).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. Refers to "encouraging a diverse local agricultural economy can provide financial benefit . . . " (§6-17-1(b)(2)).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. "The city council finds as follows: (1) Locally grown food can provide a healthy alternative to commercially produced food; (2) Encouraging a diverse local agricultural economy can provide financial benefit to those engaged in activities such as gardening, beekeeping, preparing preserves and maintaining chickens; and (3) It is important to protect the city's neighborhoods from adverse impacts associated with the foregoing activities." §6-17(1)(b).
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of this chapter is to protect the public health, safety, and welfare of the residents by promoting local foods to create a healthier, more livable community." §6-17-1(a).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
No.
Does the law address implementation in some way?
Unclear. States that the city manager may, but is not required to, promulgate rules to implement and enforce the law. (§ 6-17-3).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Unclear. States "[t]he city manager may promulgate such rules as the manager considers necessary to implement and enforce this chapter." §6-17-3. If rules were enacted, penalties may be included there or in another part of the code.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Title 6 (Health, Safety and Sanitation), Chapter 6-17 (Cottage Foods and Fresh Produce Sales). Ordinances: Ordinance No. 8038 (2015) .