April 13, 2023

Arizona Legislature Passes Bill to Free Home-based Food Producers

Proposal sent to Governor today would let home-based businesses expand to refrigerated foods

Homemade Corn and Chicken Tamales Ready to Eat
Homemade Corn and Chicken Tamales Ready to Eat

PHOENIX—Today, the Arizona House of Representatives voted 45 to 11 in support of legislation, HB 2509, to expand the foods that home-based entrepreneurs are allowed to sell. Since the Arizona Senate approved the same measure 26 to 4 on April 5, the bill now goes to Governor Katie Hobbs. HB 2509 would permit homemade food producers to sell refrigerated foods and meals, including perishable ingredients like butter, eggs, and meats.

Arizonans have a long tradition of selling and buying homemade foods: from school and church bake sales to tamaleros, the tamale ladies that so many Arizonans seek out especially during the holidays. Arizona has only allowed homemade food sales since 2011, but the law only covers shelf-stable foods like breads and cookies. Selling any homemade food that requires refrigeration is prohibited. In recent years, a number of states, including Arizona neighbors California and Utah, have expanded their cottage food laws to include perishable foods without seeing any widespread problems.

“Expanding the foods that home entrepreneurs can sell is great news for Arizonans,” said Institute for Justice Arizona Managing Attorney Paul Avelar. “Institute for Justice research shows that those who are most likely to benefit are women entrepreneurs and those living in rural areas. We encourage Governor Hobbs to usher this bill into law, freeing home businesses to sell tamales, salsas, butter creams, pickled foods, and much more.”

More information on the bill and personal stories from Arizona producers is available HERE.

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