Arizona lawmakers expected to override veto of home-cooked foods bill

By Greg Hahne
Howard Fischer/Capitol Media Services
Published: Thursday, April 20, 2023 - 1:21pm
Updated: Friday, April 21, 2023 - 7:44am

Arizona lawmakers are expected to move on Tuesday to override a gubernatorial veto — something that has not been done in 40 years.

Republican Rep. Travis Grantham says he will make a motion to enact legislation to legalize the sale of home-cooked foods.

The bill got bipartisan support in the Legislature but was vetoed by Gov. Katie Hobbs.

→ Here's a list of all the Arizona bills Gov. Katie Hobbs has vetoed so far

Democratic Rep. Alma Hernandez says she’ll support the move as current laws are too restrictive.

"Currently, you can be fined up to $500. And, check this out, because a lot of people don't know this, if prosecuted for your crime of selling tamales or tortillas, you can go to jail for up to six months if prosecuted," Hernandez said. 

State law allows for the sale of some home-cooked goods already, such as baked foods. Hobbs vetoed the bill saying it would cause an increase in food-borne illnesses.

Current examples of approved and non-approved cottage food program products (not all-inclusive)

ApprovedNot approved
Fruit jams and jelliesFoods requiring refrigeration
Dry mixesPerishable baked goods
Dry pastaSalsas
Roasted nutsSauces
HoneyFermented and pickled foods
CookiesMeat, fish and shellfish products
Breads and sweet breadsBeverages
Cakes with hard icings or frostingsAcidified food products
Fruit pies with fruit and sugar fillingsNut butters
Brownies and fudgeReduced-oxygen packaged products
CandiesPumpkin pie, sweet potato pie, pecan pie
DonutsCheesecake
Roasted coffee beansCustard or cream-style pie, meringue pie
TortillasTamales
MuffinsButter and spreads
SconesSyrups, extracts, tinctures
Popcorn, kettlecornCakes with custard filling
GranolaDehydrated fruits and vegetables
Dry Spice MixesSome fillings, frostings and icings (including ganache)

Source: Arizona Department of Health Services

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