It looks like the street corner and parking lot sale of tamales is going to remain illegal in Arizona, at least for the time being.

Senate Democrats put out a statement late Friday saying they will not provide the necessary votes to override the veto by Gov. Katie Hobbs of House Bill 2509.

That comes despite the fact that 10 of the 14 Democrats in the chamber actually voted for the legislation earlier this month that would have legalized the common but unlawful practice of people selling home-cooked items including not just tamales but pupusas, empanadas and more.

None of those Democrats responded to a request by Capitol Media Services for an explanation of the change of heart.

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

But Senate Minority Leader Mitzi Epstein (D-Tempe) said it wasn't until after the vote for the bill that caucus members heard from the state Department of Health Services which is in opposition. "This mattered to many people," she said.

The decision, however, may not be the death of home-cooked tamales and other items offered for sale. Epstein said Democrats remain ready to support a scaled-back version of the bill.

She said that the version that the governor vetoed lacked certain safeguards that could convince lawmakers to once again support the idea.

For example, Epstein said, there was no definition of what is a "home kitchen" in the measure. That, she said, opened it up to larger-scale operations beyond a family trying to make extra money.

And Epstein said the situation might have been different had the measure been amended to include changes sought by Rep. Patty Contreras.

During the debate, the Phoenix Democrat who has more than 15 years as a food service manager rattled off a litany of the kinds of disease people can get if food is not cooked at the proper temperature for the necessary time.

She had proposed to add provisions to the measure to require the health department to inspect home kitchens where food was to be prepared before issuing the necessary permit. That included many of the things that now apply to restaurants, like inspecting the area to ensure it is free from indication of pests and debris, that cooking supplies are clean and stored in sanitized cabinets and that refrigerated food is properly stored and dated.

But that change was rejected by Rep. Travis Grantham (R-Gilbert) the sponsor of the measure. He minimized the risks of home-cooked foods, saying he never got sick from these kinds of items purchased on the street, a statement he said he could not make about eating in restaurants.

While Epstein said there were concerns by some health experts, those foes, however, did not include Will Humble, executive director of the Arizona Public Health Association. "My gut says HB 2509 would have been a net public health benefit," he said. And he suggested that the predictions of dire consequences should be taken in context. He pointed out that until 2011 it was totally illegal to sell foods not made in a licensed kitchen.

That year lawmakers proposed allowing people to make baked and confectionery foods at home and sell them as long as the food did not facilitate the growth of bacteria. It was approved, Humble said, over the objections of the director at the time of Maricopa County Environmental Services.

What resulted, Humble said, is what Arizonans see at farmers' markets, where breads, sweets, fruits, jams and jellies along with other items can be openly sold. "The program has been wildly successful and a big public health benefit," he said. "It helps families earn extra income and improves the social determinants of health," including economic stability.

Humble said he sees HB 2509 as simply expanding on that — with what he believes are sufficient safeguards. For example, he said, the bill excluded the sale of drinks, fish and shellfish products. Meat products would have to come from an inspected source in accordance with federal regulations. And he said that foods with dairy, meat or poultry would have to be sold directly by the preparer, with no middleman, and delivered to the consumer in person. It also would have said that food that need time and temperature controls would have to be maintained at the right temperature, could not be transported for more than two hours, and could not be transported more than once. Finally, he said, all products would need to be labeled as to where it was made "so there's a way to conduct food-borne illness investigations."

"The full-disclosure provisions of the law mean customers would be buying the food with their eyes wide open, knowing full-well that the food wasn't prepared in a commercial kitchen," Humble said.

Epstein said the decision by Democrats was not political and had nothing to do with the question of whether they should go against the wishes of the Democratic governor. That decision to refuse to provide the margin for an override won't preclude a debate.

Grantham said he intends to make the motion Tuesday on the House floor to override Hobbs' veto. And if he somehow gets the votes there — he needs 10 of the chamber's 29 Democrats to go along — the measure goes to the Senate.

That would provide an opportunity for supporters and foes of the original measure to explain why they will or will not vote to override the veto.

Approved and non-approved cottage food program products (not all-inclusive)

Source: Arizona Department of Health Services

More stories from KJZZ

• Hobbs rejects 62nd bill, sets new record for most vetoes in a single session
• KJZZ's Friday NewsCap: Why Gov. Katie Hobbs said no to tamales