Hot Tamale Hostility: AZ Governor Vetoes Popular Street Vendor Bill
Arizona Governor Katie Hobbs recently vetoed a popular street vendor bill that would have lifted some restrictions on what cottage food products could be sold by individuals and street vendors.
The legislation, HB2509, would have exempted certain cottage food products “prepared in a kitchen of a private home for commercial purposes” from state regulations regarding the sale of food.
In 2011, the Arizona Department of Health Service’ explains that the Arizona state legislature made the sale of “non-potentially hazardous baked and confectionery products” which are made in private homes legal in the state. In 2018, the legislature amended that law, and listed new requirements that cottage food products must meet in order to be sold legally.
Under the current law, according to Fox 10 Phoenix, cottage food “must be packaged at home with an attached label that clearly states the name and registration number of the food preparer,” it must also “list all the ingredients in the product,” and include a warning label explaining, “this product was produced in a home kitchen that may process common food allergens and is not subject to public health inspection.” Several other requirements under current law were echoed in HB2509.
Here’s the kicker: as it stands currently, the following products are all disqualified from being classified as cottage food products, and therefore can’t be sold by individuals without access to a commercial-grade kitchen in Arizona.
- Salsas or sauces
- Nut butter
- Beverages
- Acidified food products
- Fermented and pickled foods
- Meat, fish, or shellfish products
- Perishable baked goods
- Foods that require refrigeration
- Reduced-oxygen packaged products
HB2509 would have provided a “more expansive definition of what would be considered to be a cottage food product,” according to Fox 10 Phoenix. The bill would have legalized the sale of foods that have to be kept warm, provided that the cook completes an accredited food handler safety course, and maintains their accreditation while selling their food to the public.
Governor Katie Hobbs vetoed the bill, citing public health concerns and a lack of health agency oversight, which she believes could lead to an increase in food-borne illnesses. Governor Hobbs stated that the bill “fails to establish sufficient minimum standards for inspection or certification of home-based food businesses, and could limit the ability of ADHS to investigate food-borne disease outbreaks.” She also insisted in her veto letter that it doesn’t “provide a strong enough mechanism to ensure home kitchens are free of hazardous chemicals, rodent or insect infestation, or that equipment and storage of temperature-sensitive foods are adequate, functioning, or even existent.”
Some lawmakers are outraged by the decision to veto the bill, which in their eyes, would have provided supplementary income to a largely Hispanic community, that wants to have the ability to sell foods like tamales and tortillas. “People are NOT dying from street food poising. This is personal. Not only do many Hispanics depend on this to make a living but many fear being reported and fined,” one state representative wrote to Twitter. Another claimed that the bill would be a “net [public health] benefit,” because it would improve “SDOH [social determinants of health] by supplemental income opportunities.”
Needless to say, this is a hot debate in Arizona currently, and whether or not legislators will attempt to override the Governor’s veto remains to be seen.
