PHOENIX — Selling homemade salsa, pies, or tamales on Arizona streets is a common practice, but it is illegal.
State Rep. Travis Grantham, R-Gilbert, wants to change that.
This year, he re-introduced a new version of a bill that failed last year, which would allow the selling of perishable food items, like tamales made in home kitchens.
VERSIÓN EN ESPAÑOL: Regresa a la legislatura de Arizona la propuesta sobre tamales con cambios sobre salud y seguridad
The bill had bipartisan support and made it to Gov. Katie Hobbs's desk. Still, she vetoed it citing health and safety concerns that fellow Democrats later used to vote against a veto override.
“It needs to become law,” Grantham told 12News. “You know we have people selling their products they make at home and their breaking the law right now, that’s just wrong.”
Grantham made changes to the bill that he said address Hobbs's objections.
Those cooking at home and selling goods on the street would need to complete food handler classes, maintain an active certification, and would lose their license if they disobey the law. People must also register with the Arizona Department of Health Services.
HB 2042 has a definition of what a "home kitchen" is, limiting the size by square footage.
“We also handled one issue regarding developmentally disabled working in the kitchen, somebody has to have a food handlers card working in the kitchen,” Grantham said.
The bill calls for home-cooked items to include a label with the name and registration number of the food handler, along with this phrase: “This product was produced in a home kitchen that may process common food allergens and is not subject to public health inspections.”
The governor has called for home kitchens to be inspected, but that’s something Grantham won’t bend on.
“One thing we’re not going to allow is for inspectors, police, to enter people’s homes and inspect their kitchens,” the representative said. “So, if she’s going to hang on that issue, she may veto again, I just hope she doesn’t.”
Any product made at home and sold on the street including dairy or meat must be sold and delivered in person, according to the new bill. If the item requires time or temperature controls, it must be maintained at those temperatures during the delivery, only transported once, and done in less than two hours.
The items sold cannot include marijuana.
When asked about the concerns of food-born illnesses being spread in home kitchens that aren’t inspected, Grantham said, “Then we should also outlaw restaurants, we should outlaw grocery stores and all food production in general because people get contaminated food. And quite honestly no documented cases of contaminated food have come from the cottage food industry.”
The Arizona Restaurant Association, who had a problem with last year’s version of the bill, told 12News they don’t oppose the new version.
The House Committee on Regulatory Affairs held the bill’s first hearing on Wednesday.
Grantham said he is confident the bill will pass this year but has yet to speak to the governor about the measure.
“Let’s give people the opportunity to do something out of their homes,” he added.
12News made multiple attempts to reach Gov. Hobbs for comment on this story, but as of this publishing had not received a response.
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