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POLICY DATABASE
Policy 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.

Background Information

State Colorado
Jurisdiction Name Boulder
Jurisdiction Type City,
Population Size 50,000-200,000
Legal Strategies
  • Requires something, sets standards
Reach Community-wide
Food System Category Grow; Process;

Policy Details

Refers to priority populations?
No

Health-related goal?
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)).

Environmental goal?
Yes

Refers to "locally grown food" (§6-17-1(b)(1)).

Economic goal?
Yes

Refers to "encouraging a diverse local agricultural economy can provide financial benefit . . . " (§6-17-1(b)(2)).

Includes findings?
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).

Has a stated intent or purpose?
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).

Includes definitions?
No

Addresses implementation?
Unclear

States that the city manager may, but is not required to, promulgate rules to implement and enforce the law. (§ 6-17-3).

Enforcement provisions?
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.

Evaluation component?
No

Requires extra 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) .