A Gilbert lawmaker’s bill to expand the kinds of foods prepared at home that could be sold in Arizona received bipartisan legislative support, but it wasn’t to Gov. Katie Hobbs’ taste.
The governor vetoed the bill proposed by Rep. Travis Grantham, R-Gilbert, and supported by Republicans and many Democrats, saying it would “significantly increase the risk of food-borne illness by expanding the ability of cottage food vendors to sell high-risk foods.”
But Hobbs' veto may not be the last word.
State lawmakers may do something they haven't done in more than 40 years: override a gubernatorial veto.
Grantham said he intends to make the motion to enact legislation to legalize the sale of home-cooked tamales, empanadas, pupusas and more. He said that it was wrong of Hobbs to veto the measure on Tuesday.
House Bill 2509 gained broad bipartisan support, being approved by the House on a 45-11 margin with the Senate giving its OK with just four dissenting votes.
Current law exempts certain kinds of “cottage foods” from oversight by the Arizona Department of Health Services. These generally fall into the area of baked goods like cookies and cakes that do not need to be either refrigerated or kept warm.
None of that has stopped the sale of tamales and other products by individuals in front of grocery stores and in parking lots.
The legislation would have legalized the practice if preparers met certain conditions, including that the items be delivered in person and that certain conditions for transporting them are met.
The governor was not convinced.
“It fails to establish sufficient minimum standards for inspection or certification of home-based businesses, and could limit the ability of ADHS to investigate food-borne disease outbreaks,” she said.
“Nor does it 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.”
Proponents, however, did not see it that way.
“I personally have never been made ill or had food poisoning from something I've bought from cottage food,” said Rep. Travis Grantham, R-Gilbert, the sponsor of HB 2509. “I have been made ill at a restaurant, ironically.”
And Rep. Alma Hernandez, D-Tucson, calledit "a little hypocritical'' of lawmakers to say they've never tried them or supported people selling these items from their homes.
State lawmakers will move Tuesday to do something they haven't done in more than 40 years: override a gubernatorial veto.
We’d like to invite our readers to submit their civil comments, pro or con, on this issue. Email AZOpinions@iniusa.org.
Howard Fischer
@azcapmedia
@azcapmedia
Mr. Fischer, a longtime award-winning Arizona journalist, is founder and operator of Capitol Media Services.
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