Arizona Homemade Food Bill Receives National Support While Senate Democrats Appear to Backtrack

Support for HB 2509, sponsored by Representative Travis Grantham (R-Gilbert), to receive a veto override has reached nationwide, as the National Hispanic Caucus of State Legislators (NHCSL) sent Arizona Legislative leaders a message Sunday sharing their support for this bill.

“By signing this bill, the Governor [Katie Hobbs (D)] had an opportunity to support the Hispanic community and personal freedom that should be accessible to everyone. Our community should not fear legal repercussions for selling their homemade foods and we urge Arizona Legislators to do what is right and override her veto,” wrote the NHCSL President, New Jersey Senator Nellie Pou (D-Paterson).

🚨 BREAKING🚨 The National Hispanic Caucus of State Legislators voted today to support the efforts to override Gov. Hobbs's veto on HB2509 for the reasons listed below. Various members of this organization have introduced this legislation it is not a political power struggle ⬇️ pic.twitter.com/6DMdsXFyTQ

— (((Rep.Alma Hernandez))) (@almaforarizona) April 23, 2023

As reported by The Arizona Sun Times, HB 2509, colloquially dubbed the Tamales Bill, would have expanded the list of homemade items, or cottage food products, that can be legally sold in the state. This list, overseen by the Arizona Department of Health Services, currently includes only dry or shelf-safe products. If Grantham’s bill had become law, Arizonans would have been able to sell “potentially hazardous” items or ones that require time or temperature to consume safely, such as salsa, shellfish, nut butter, and tamales.

In her veto letter, Hobbs stated the bill could increase the risk of foodborne illnesses and did not assure quality control for the kitchens producing the food.

Nonetheless, Pou (pictured above, center) claimed this was not a justifiable reason to veto the bill. The NHCSL shared that in 2012, Maryland enacted a similar policy, and there have been no signs of increased foodborne illnesses since its enactment. Moreover, the caucus wrote that the goods of this bill outweigh the potential negatives.

“For many Hispanic populations, selling homemade food is a family tradition passed down from generation to generation. Many low-income Americans need it to supplement their income in the face of disparities. It is a way to break the cycle of poverty,” Pou wrote.

Since the veto, Arizona State Representative Alma Hernandez (D-Tucson) has pushed back hard against Hobbs’s decision. In an opinion piece for Tucson.com, Hernandez (pictured above, left) argued that Hobbs’s veto criminalizes entrepreneurship and forgets that buying homemade food is 100 percent voluntary by the consumer and should be up to personal choice, not government mandates.

However, the bill passed through the Arizona Legislature with a supermajority in both houses. If the bill can do this again, first through the House, then the Senate, lawmakers can override Hobbs’s veto and put the bill into law.

Yet, despite the bill passing the Senate with 26 votes in favor, Senate Democrats appear to have gotten cold feet. In a joint statement released Friday, the Senate Minority Caucus said it would prevent HB 2509 from receiving the necessary two-thirds vote necessary to pass the Senate if it gets through the House. The caucus cited Hobbs’s health concerns as the reason for this new opposition and called the attempt to override the veto a “political power struggle.”

Press Release: Senate Democratic Leadership Respond to the Veto of HB2509 pic.twitter.com/N39FpKTvgc

— Arizona Senate Democrats (@AZSenateDems) April 21, 2023

In response, Hernandez said the Democrat’s statement was “outrageous and weak.” Additionally, Petersen stated that Senate Democrats were letting Hobbs make decisions for them.

“It’s unfortunate that Democrats let the Governor decide how they vote. Why run for the Legislature [if] she decides whether you vote yes or no on a bill,” Petersen tweeted.

Grantham (pictured above, right) also said he is ready to make a motion to override the veto in the House.

Correct, I will make the motion tomorrow in the house. This is about good policy and has nothing to do with politics.

Arizonans deserve good policy that makes their lives easier! https://t.co/dZd25aKPaI

— Travis Grantham (@TravisGrantham) April 24, 2023

Moreover, a spokesperson for the Senate Majority Caucus told The Sun Times via email that the Legislature will still attempt to override the veto Tuesday, despite the Democrat pushback. The public is encouraged to show up at the State Capital to share support for the bill.

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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].
Photo “Travis Grantham” by Travis Grantham. Photo “Alma Hernandez” by Alma Hernandez. Photo “Nellie Pou” by Nellie Pou. Background Photo “Arizona State Capitol” by Gage Skidmore. CC BY-SA 2.0.