PHOENIX—The Arizona Department of Health Services has been incorrectly warning home-based food entrepreneurs that they are not allowed to sell foods made legal earlier this year. HB 2042, which went into effect September 14, allows Arizonans to sell homemade refrigerated foods and meals, including perishable ingredients like butter, eggs, and meats. But the department has warned producers in writing that these foods are not legal to sell until it first writes new rules and the department’s website continues to list legal foods as “not approved.”

The Institute for Justice (IJ), which supported HB 2042, wrote the department a letter explaining that the law did not require any rulemaking for the homemade food expansion to become legal. The letter demands that the department immediately cease refusing to allow legal foods and change its website.

“The Department of Health Services has no authority to stop foods the Arizona Legislature legalized,” said Institute for Justice Arizona Managing Attorney Paul Avelar. “Today, Arizonans are allowed to make tamales, salsas, pickles, and many other foods from home and sell them. They don’t need to wait for bureaucrats to do anything.”

Sheri Shaw was one of many homemade food producers who vocally supported HB 2042. This week, she received an email from the department warning her that she was illegally selling vanilla extract, canned pickles, and beets—all foods permitted under the law.

“It was disturbing to receive both a call and email from the Arizona Department of Health Services saying my foods were illegal to sell and that if I did not cease selling them, I could lose my license and be assessed a fee,” said Sheri. “My concern is that this is happening to many others who are selling similar products. The department should update the cottage food law website with current information.”