The Latest Freedom Fight in Colorado: Tamales

As the son of Salvadorian immigrants and a native of Colorado, I have what might sound like an unusual question for state lawmakers: Why won’t you let me buy a chicken tamale?

Right now, the state forbids entrepreneurs who make food at home from selling their delicacies that require refrigeration — that means those made with meat and other ingredients — in the name of food safety. It’s not making us any safer while holding back small businesses, stifling creative expression, and preventing Coloradoans from experiencing the cultural delights of their neighbors.

It may seem like something trivial: So what if I don’t get my tamales? But think about the food entrepreneurs who are simply shut out of selling their creation at a farmers' market, prevented from earning a dollar from their gift. What a waste — for them and us.

A national survey of state laws ranks Colorado next to last among a dozen neighboring states for ensuring economic opportunity for homemade or “cottage” food vendors. Our state’s prohibition can lead to some bizarre results. For example, at a local farmers’ market, a vendor could sell homemade tortillas or fruit empanadas, but not ones with beef or chicken. We could buy jam or jelly, unless it’s flavored with peppers.

The law doesn’t make much sense, especially since real-world evidence shows that the sale of homemade refrigerated foods is safe. In September 2023, the Institute for Justice surveyed the seven states with the broadest homemade food laws. Not a single one found a foodborne illness to be caused by food sold under their homemade food law, including perishable foods like tamales. That list of states included Wyoming, which has had its food freedom laws in place for nearly a decade.

With this evidence in mind, last year our neighboring Arizona passed its heralded “tamale bill” that allows home-based cooks to expand their offerings to items that require refrigeration, like tamales. 

The bill’s enactment did not come without a major political push for the freedom to make and sell homemade food. Legislators, entrepreneurs, and the state’s large, growing Hispanic community came together to #freethetamales and get the exceedingly popular bill signed into law.

Since Arizona passed its tamale law, it too has not seen any published reports of any food-borne illnesses traceable to home kitchen vendors selling refrigerated foods. Most importantly, a new market has been opened for growth — building a new, legal legacy of delicious food.

For many, selling homemade food is an integral part of the American Dream. State Representative Carlos Barron of Fort Lupton recalls his mother selling homemade burritos at soccer games to make extra income for the family. “That expendable income from the sale of burritos really helped our family stay healthy and happy without putting a strain on the rest of our income which was used for regular life expenditures," he says.

Speaking to HB25-1190, the Colorado “Tamale Bill” introduced by Representative Ryan Gonzalez, Barron said: “I believe this bill will make it easier for other families to do the same.”

Colorado lawmakers should view the Arizona experience as a preview of things to come here at home when the House Agriculture, Water & Natural Resources committee considers the tamale bill on March 3.

Removing the arbitrary regulations on certain homemade foods will give entrepreneurs greater opportunities to build businesses, provide jobs and contribute to the local economy.

It’s time for Colorado to join the growing movement across the nation to unleash the power of homemade food entrepreneurs and enjoy its fruits (or tamales) by passing the Tamale Bill now!

Angel Merlos is strategic director at the LIBRE Initiative Colorado .

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