House Bill 2042- What Effects Will the “Tamale Bill” Have as it is Finally Implemented?

By Gabriella Curatola. 

House Bill 2042 (“HB 2042”), commonly known as the “Tamale Bill,” was signed on March 29, 2024 by Arizona Governor Katie Hobbs. When the bill was proposed in 2023, Governor Hobbs opposed the bill due to concerns that it would increase the risk of food-borne illnesses. Legislators took into account these concerns and proposed HB 2042 with some newly added provisions. After seeing the changes, Governor Hobbs approved and signed HB 2042. This was a victory for many small businesses and food vendors in Arizona.

Background on HB 2042 and Cottage Food Bills

Arizona’s cottage food program, allowing residents to commercially sell foods cooked in their home kitchens, was previously limited to a specific list of approved products. These included cakes, cookies, breads, jams and jellies made from specified allowable fruits. Previous bills had these limitations because these items have no need to be refrigerated and therefore are less susceptible to food-borne illnesses. These limitations excluded many individuals who wished to sell items that needed to be refrigerated, such as tamales and cheesecakes. When Governor Hobbs vetoed the first Tamale Bill, many individuals were offended as she suggested that their homes could be insect and rodent infected.

Governor Hobbs signed HB 2042 into effect earlier this year, approving of the legislature’s approach to addressing previous sanitary concerns. HB 2042 took effect on September 14, 2024. The bill expanded previous cottage food lists to refrigerated items including poultry and meat and their respective byproducts. As a result of this, the Arizona Department of Health Services (“ADHS”) had to create and implement new policies/rules to align themselves with the bill. ADHS, unfortunately, has yet to create these new rules, which means that residents are still being barred from selling their poultry and meat products until the rules are fully implemented. Governor Hobbs directed the ADHS to immediately begin enforcing HB 2042, after she became aware of the issue with implementation. Now, a month later, residents hope to see improvement soon.

Possible Effects of HB 2042

There are many positive effects to HB 2042. The bill allows local vendors to sell a wider range of products. Allowing vendors to sell products they have a passion for creating not only furthers their dreams but inspires others. It also adds to the culture in Arizona and hopefully will in turn increase cultural awareness. People are often brought together by new and innovative cuisines, and it is hoped that the bill will have just that effect, bringing people together over their love of food.

Furthermore, it will help individuals in need, with passion for cooking, avoid obstacles to selling their products. With increasing prices, many people struggle to afford basic needs. Allowing individuals to partake in the “side hustle,” or even career, of making and selling food out of their homes will create not only more jobs but may help individuals feel more stable in life. By eliminating numerous barriers, the bill saves vendors precious time and money and creates a simpler process for selling food to consumers.

Amidst the positives, many are still worried about food-borne illnesses and the sanitariness of in-home kitchens. The fear is not an irrational one, as many individuals who have never worked in a commercial kitchen before may not have the food safety training and knowledge of the strict regulations commercial kitchens follow. This could lead to improperly stored ingredients which could quickly spread food-borne illnesses in those consuming these homemade foods.

Although this fear is real and something to be considered, HB 2042’s provisions address this fear. Individuals seeking to commercially sell their homemade products must follow the strict regulations presented in the bill. One requirement includes labeling food products with a list of ingredients, a statement about allergens, and other disclosure information. A second regulation is that food and preparation equipment can only be stored inside the home. A third requirement is that perishable items can only be sold in person or remotely (over the internet and delivered in person). A fourth regulation is that individuals must follow the correct time and temperature control measures for transported perishable items. On top of these few examples of strict safety regulations, there are many more. Therefore, there is little need to worry about food-borne illnesses as HB 2042 does not completely eliminate regulations for those selling food made in their homes.

Finally, any concerns about big corporation kitchens taking advantage of the bill’s lesser regulations should also be dissuaded by HB 2042’s provisions. The bill strictly limits the definition of “home kitchen” to a residential home not exceeding 1,000 square feet or “[a] facility for individuals with developmental disabilities and of a type normally found in a facility for individuals with developmental disabilities.”

By putting aside these concerns, HB 2042 seems to be nothing but good for Arizona residents. This bill has proved to be a victory for many small businesses and food vendors in Arizona. But many are still anticipating what is to come, as the bill is only a bill without its implementation. It will be interesting to monitor changes in the food around us as the ADHS implements these new changes. One thing is certain: if you live in Arizona, you can expect to see a wider range of goods sold at your local flea markets and even your grocery stores.