PHOENIX — Nearly two weeks after vetoing a popular bill to expand the sale of home-cooked foods, Gov. Katie Hobbs still won’t say what she wants changed in order to sign a new version.
Hobbs dodged repeated inquiries Monday about the legislation, which was approved by broad bipartisan majorities, and her veto. She would not answer any questions after giving a short speech at an annual ceremony to honor fallen officers of the Department of Public Safety before she was driven off by her DPS security detail.
The Democratic governor and her newly hired press aide have declined to address bipartisan complaints about what some saw as a racially offensive tinge in her veto message: She wrote that allowing what has become known as the “tamale bill’’ to become law would open the door to items being cooked in home kitchens with “rodent or insect infestation.’’
In her April 18 veto of House Bill 2509, Hobbs said allowing certain cooked foods to be prepared by individuals and sold to the public would “significantly increase the risk of foodborne illness’’ by allowing what are called “cottage food vendors’’ to sell “high-risk foods.’’
As Democrats who supported the original bill began talking about overriding the veto, several said they heard from the Governor’s Office that Hobbs would be willing to sign a revised version. That was enough to convince 12 House Democrats who had voted for the measure to change their votes, uphold the veto — and keep Hobbs from being the first Arizona governor since 1981 to have a veto overridden.
Arizona Rep. Alma Hernandez, D-Tucson, voted in favor of overriding Gov. Katie Hobbs’ veto of deregulation of “cottage foods’’ on Tuesday, April 25. Video courtesy of Arizona Capitol Television.
But supporters of the measure as originally approved questioned the need for further alternations. They noted that Arizona has laws of more than a decade that allow for the sale of some home-prepared items such as cookies and cakes as long as they are not made from items that can spoil.
HB 2509 would have allowed people to legally sell cooked items like tamales, tortillas and pupusas, items already widely available, albeit illegally, in parking lots and in front of stores.
Rules included in the bill
The legislation included a new requirement for home food preparers to register with the Arizona Department of Health Services, complete a food handler training course from an accredited program and maintain active certification.
Any items offered for sale would have had to be labeled with the name and registration number of the preparer, a list of ingredients and the production date. There also would need to be a statement on the label that it was prepared in a home kitchen “not subject to public health inspection.’’
The bill also included restrictions such as maintaining temperature and allowing items to be transported only once and never for longer than two hours.
Items containing fish or shellfish would be strictly forbidden for home preparation.
On Monday, Hobbs still would not provide specifics about changes she would support. About the only thing her press aide Christian Slater has said is that Hobbs was not asking for unannounced inspections.
Senate Minority Leader Mitzi Epstein, a Tempe Democrat who opposed the original bill and declined to vote to override the governor’s veto, has floated the idea of some sort of limit on these home sales, whether by total volume or on a seasonal basis.
“We need to make sure that the bill is crafted to address these very small home sells,’’ she said. “Largely, I’m hearing of people who do it seasonally, maybe around Christmas time or maybe they do it around another holiday or something, so that really is small scale.’’
But Rep. Alma Hernandez, D-Tucson, a big supporter of the unsuccessful override attempt, made it clear she saw no reason to impose what she sees as artificial limits.
“That lady you bought tamales on, whatever corner you were on in Phoenix, she is not selling the tamales for fun,’’ Hernandez said. “I guarantee you, she is selling the tamales to make an honest living and be able to provide for her family.’’
Meanwhile, Rep. Travis Grantham, R-Gilbert, sponsor of the original legislation, said Monday he has yet to hear from the Governor’s Office what changes would make it acceptable to Hobbs.
Complaints about Hobbs’ wording
The dispute is also over Hobbs’ wording in the veto message about “rodent or insect infestation.’’
“That is offensive,’’ Hernandez said. “And I would be glad to put up my nana’s kitchen or my mom’s kitchen up against anyone’s kitchen.’’
Sen. T.J. Shope, R-Coolidge, whose mother and grandmother are Mexican immigrants, took it a step further.
“Not only was the veto outrageous, but to continue to push racist tropes of homes riddled with insect infestation or rodent infestation, it will just not be tolerated in the year 2023,’’ Shope said.
Neither the governor nor Slater would address that language or the bipartisan reaction.
