The “tamale bill,” House Bill 2509, was ostensibly to help small families sell homemade food. But it was actually a ploy by the right-wing Americans for Prosperity, the Institute for Justice, and the Libre Initiative, which all oppose any regulation of businesses.
House Bill 2509, sponsored by Republican Rep. Travis Grantham, would have expanded the list of foods that could legally be sold by small cooks and bakers to those that require temperature control. Already, cottage foods that don’t require refrigeration, like bread and certain cookies, are legal in Arizona.
The Arizona Department of Health Services opposed the bill, as did the Arizona Restaurant Association. It was vetoed by Governor Hobbs, who said the bill would “significantly increase the risk of foodborne illness” because it didn’t include ways to oversee and inspect these home chefs.
A subsequent override effort in the state House failed. Democrats didn’t want to align with anti-regulation groups that opposed regulation beyond the Tamale Bill.
Hidden right-wing fronts.
- The Institute for Justice‘s website says the “National Food Freedom Initiative is a nationwide campaign that brings a variety of legal challenges and legislative efforts to laws that interfere with the ability of people to buy, sell, grow, or advertise different foods. …IJ has helped change the law in more than 20 states.”
- Americans for Prosperity is a political network financed by powerful conservative billionaire Charles Koch. It is active in right-wing politics and actively lobbies for Republican candidates. It held a “free the tamale” rally on the capitol lawn.
- The Libre Initiative appears to be a pro-Latino site, but it promotes anti-regulation slogans like “limited government – unlimited opportunities.”
Truth be told.
Rep. Nancy Gutierrez, speaking at the April 25 meeting of the LD18 Democrats, said, “The bill that they called the tamale bill actually has a lot of holes in it, and its focus is to deregulate the food industry, she said. “This is a Koch Brothers bill, so as much as they say it was for the Tamale ladies, it was not. It was for deregulation. So that’s the truth of that.”
LD18 Rep. Chris Mathis added, “There’s an entity called the Institute for Justice. That, which is something that Clint Bolick, (who is now on the Arizona Supreme Court) helped found, is a dark money Koch Brothers organization. And then there was a group of folks who came to the Capitol today who were part of a coordinated effort by Americans for Prosperity.”
“People brought tamales and salsa and stuff like that. It’s not to say there isn’t a legitimate bill somewhere. Unfortunately, we couldn’t find a way to pass a bill that would make it easier for those folks to sell those items and make a living but also protect public safety, which is ultimately why the governor vetoed it.”
“The public’s misconception is that the legislature is hurting the Tamale ladies. We must do a better job of letting voters know not only about the Koch brothers’ connections, and other things that we should be aware of.
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This is neithera Koch brothers bill or an American for Prosperity bill or any other organization bill, including AlEC. This is an extension of a bill that I passed 10 or 15 years ago at the request of a disabled Fountain Hills woman who baked cookies and cakes in her home and wanted to earn extra money selling them through store outlets. The program has been in existence for a long time and thousands of people have been issued permits to do this. To get a permit the people have to get a food handlers card so that they know how to properly clean, cook, prepare, store and ship the food and be registered with the Arizona Department of Health. Again, this is not some outside group pushing this bill. This is a simple extension of what I did and what was overwhelmingly supported many years ago. Stop the conspiracy stuff.
There are only two issues that have to be dealt with when people sell home prepared foods in retail settings. The first is that they know basic sanitation and storage techniques and they get that from the food handlers card that they must have. The second issue which is what concerned the governor and some others had to do with the kitchen where it is prepared. These are the same kitchens where meals are prepared every evening for millions of Arizona residents who eat at home. There is no serious problem with food poisoning from these kitchens. People are not dying in the streets every night because their meals are not prepared in an stainless steel commercial grade kitchens.
Will Humble, probably the longest serving regulator of food and health departments in the state, supported my original bill over the objections of other chicken little health department directors and supported this bill too. The governor made a mistake in vetoing this bill. It is my hope that we can put some face-saving minor amendment onto the bill and then bring it back up for her signature. Her suggestion that there be unannounced food inspections in private people’s homes who make such foods is a non-starter for everyone, especially the Democrats who have many illegal immigrants in their districts.
To sum it up, this is a good bill that was misunderstood and needs to be brought back and passed.
Thank you for this info. I had not been aware of the false flag Koch influence on this “tamale bill.” But I should have been.
They never stop, do they?