First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0594.02 Jery Payne x2157
HOUSE BILL 25-1134
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF INSECTS FOR HUMAN101
CONSUMPTION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits:
! Engaging in commercial insect production for human
consumption;
! Selling or offering to sell insect products derived from
commercial insect production; and
! Transporting insect products with the intention of selling or
HOUSE SPONSORSHIP
Bottoms,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. offering to sell the insect products for human consumption.
An existing business may continue to produce the same quantity
and type of insect products made on the effective date of the bill but may
not expand production.
District attorneys may enforce the bill, and the commissioner of
agriculture may refer suspected violations to the local district attorney. A
person may bring a civil action against a person that violates the bill. In
the civil action, the court may award to a prevailing plaintiff actual
damages, costs of litigation, reasonable attorney fees, and any other relief
the court deems appropriate.
A person that violates these provisions commits a civil infraction,
punishable by a fine of not less than $1,000 nor more than $5,000 per day
of violation.
The bill amends the misbranding law to require food that contains
insects or insect parts to be labeled with the words "contains insects".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 82 to title2
35 as follows:3
ARTICLE 824
Insect Farming5
35-82-101. Short title. T
HE SHORT TITLE OF THIS ARTICLE 82 IS6
THE "COLORADO AGRICULTURAL HERITAGE PROTECTION ACT".7
35-82-102. Legislative declaration. T
HE GENERAL ASSEMBLY8
FINDS AND DECLARES THAT COMMERCIAL INSECT PRODUCTION POSES9
RISKS TO TRADITIONAL AGRICULTURE , FOOD SECURITY, FOOD SAFETY,10
PUBLIC HEALTH, AND THE NATURAL ENVIRONMENT . THIS ARTICLE 82 IS11
ENACTED TO PROTECT FARMING AS WELL AS THE PUBLIC WITHIN12
C
OLORADO.13
35-82-103. Definitions. A
S USED IN THIS ARTICLE 82, UNLESS THE14
CONTEXT OTHERWISE REQUIRES :15
(1) "C
OMMERCIAL INSECT PRODUCTION " MEANS RAISING,16
BREEDING, KEEPING, OR PROCESSING INSECTS WITH THE INTENTION OF17
HB25-1134-2- SELLING OR OFFERING TO SELL INSECTS OR INSECT PRODUCTS FOR HUMAN1
CONSUMPTION AS FOOD.2
(2) "C
OMMISSIONER" MEANS THE COMMISSIONER OF3
AGRICULTURE.4
(3) "E
XISTING BUSINESS" MEANS A BUSINESS THAT WAS ACTIVELY5
ENGAGED IN COMMERCIAL INSECT PRODUCTION WITHIN COLORADO PRIOR6
TO THE EFFECTIVE DATE OF THIS ARTICLE 82.7
(4) (a) "I
NSECT" MEANS ANY ANIMAL BELONGING TO THE8
TAXONOMIC CLASS OF INSECTA.9
(b) "I
NSECT" EXCLUDES CRUSTACEANS AND MOLLUSKS .10
(5) "I
NSECT PRODUCT" MEANS AN INSECT OR A PRODUCT THAT11
CONTAINS A PART OF AN INSECT THAT IS SOLD OR OFFERED TO BE SOLD FOR12
HUMAN OR ANIMAL CONSUMPTION AS FOOD .13
35-82-104. Prohibition of commercial insect production -14
exception. (1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION,15
A PERSON SHALL NOT:16
(a) E
NGAGE IN COMMERCIAL INSECT PRODUCTION ;17
(b) S
ELL OR OFFER TO SELL INSECT PRODUCTS DERIVED FROM18
COMMERCIAL INSECT PRODUCTION ; OR19
(c) T
RANSPORT INSECT PRODUCTS DERIVED FROM COMMERCIAL20
INSECT PRODUCTION WITH THE INTENTION OF SELLING OR OFFERING TO21
SELL THE INSECT PRODUCTS.22
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN23
EXISTING BUSINESS MAY CONTINUE TO PRODUCE THE SAME QUANTITY OF24
AND TYPES OF INSECT PRODUCTS THAT THE EXISTING BUSINESS PRODUCED25
ON THE EFFECTIVE DATE OF THIS ARTICLE 82, BUT AN EXISTING BUSINESS26
SHALL NOT EXPAND THE QUANTITY OR THE TYPES OF INSECT PRODUCTS27
HB25-1134
-3- BEYOND THE QUANTITY OF OR THE TYPES OF INSECT PRODUCTS THE1
EXISTING BUSINESS PRODUCED ON THE EFFECTIVE DATE OF THIS ARTICLE2
82.3
35-82-105. Enforcement. (1) (a) A
DISTRICT ATTORNEY MAY4
ENFORCE THIS ARTICLE 82.5
(b) T
HE COMMISSIONER MAY ENFORCE THIS ARTICLE 82 BY6
REFERRING SUSPECTED VIOLATIONS TO THE LOCAL DISTRICT ATTORNEY7
FOR ENFORCEMENT.8
(2) A
PERSON MAY BRING A CIVIL ACTION AGAINST A PERSON THAT9
VIOLATES THIS ARTICLE 82. THE COURT MAY AWARD TO A PREVAILING10
PLAINTIFF:11
(a) A
CTUAL DAMAGES;12
(b) C
OSTS OF LITIGATION, INCLUDING REASONABLE ATTORNEY13
FEES; AND14
(c) S
UCH OTHER RELIEF AS THE COURT DEEMS APPROPRIATE .15
35-82-106. Penalties. A
PERSON THAT VIOLATES THIS ARTICLE 8216
COMMITS A CIVIL INFRACTION, AND, UPON CONVICTION, A COURT SHALL17
IMPOSE A FINE OF NOT LESS THAN ONE T HOUSAND DOLLARS NOR MORE18
THAN FIVE THOUSAND DOLLARS PER DAY OF VIOLATION .19
SECTION 2. In Colorado Revised Statutes, 25-5-402, add (13.5)20
as follows:21
25-5-402. Definitions. As used in this part 4, unless the context22
otherwise requires:23
(13.5) "I
NSECT" HAS THE MEANING SET FORTH IN SECTION24
35-82-103
(4).25
SECTION 3. In Colorado Revised Statutes, 25-5-411, amend (1)26
introductory portion; and add (1)(q) as follows:27
HB25-1134
-4- 25-5-411. Definitions of "misbranding". (1) A food shall be1
deemed to be IS misbranded:2
(q) I
F:3
(I) I
T IS ONE OR MORE INSECTS, CONTAINS ONE OR MORE INSECTS4
AS AN INGREDIENT, OR CONTAINS ANY PART OF ONE OR MORE INSECTS AS5
AN INGREDIENT;6
(II) I
T IS INTENDED FOR HUMAN CONSUMPTION ; AND7
(III) I
TS LABEL DOES NOT CONTAIN THE WORDS "CONTAINS8
INSECTS".9
SECTION 4. Act subject to petition - effective date -10
applicability. (1) This act takes effect at 12:01 a.m. on the day following11
the expiration of the ninety-day period after final adjournment of the12
general assembly; except that, if a referendum petition is filed pursuant13
to section 1 (3) of article V of the state constitution against this act or an14
item, section, or part of this act within such period, then the act, item,15
section, or part will not take effect unless approved by the people at the16
general election to be held in November 2026 and, in such case, will take17
effect on the date of the official declaration of the vote thereon by the18
governor.19
(2) This act applies to acts committed on or after the applicable20
effective date of this act.21
HB25-1134
-5-