The Latest Freedom Fight in Colorado: Tamales
March 3, 2025
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.
