HB 2509 — food preparation; sale; cottage food
Last action — FAILED
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Vetoed by Governor Katie Hobbs (Democratic) on April 18, 2023.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
48 added · 74 removedPlain-language change summary
The updated version of Bill HB 2509 adds requirements for cottage food producers to complete a food handler training course and maintain certification, ensuring better food safety practices. It also clarifies the selling and delivery conditions for different types of cottage food products, strengthening regulations on how these items can be sold and transported. This matters because it aims to protect consumers by ensuring that cottage food is prepared safely, reflecting the growing trend of home-based food businesses.
Senate Engrossed House BillEngrossed food preparation;
IF A COTTAGE FOOD PRODUCT IS OFFERED FOR SALE ONLINE, THE ONLINE PLATFORM MUST PROVIDE A NOTIFICATION THAT INCLUDES ALL OF THE FOLLOWING:
1.
THE NAME AND REGISTRATION NUMBER OF THE FOOD PREPARER.
2.
A LIST OF ALL INGREDIENTS IN THE COTTAGE FOOD PRODUCT AND THE COTTAGE FOOD PRODUCT'S PRODUCTION DATE.
3.
THE FOLLOWING STATEMENT:
"THIS PRODUCT WAS PRODUCED IN A HOME KITCHEN THAT MAY PROCESS COMMON FOOD ALLERGENS AND IS NOT SUBJECT TO PUBLIC HEALTH INSPECTION." C.
C.
A FOOD PRODUCER MAY SELL COTTAGE FOOD PRODUCTS TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW.
A FOOD PREPARER:
1.
EXCEPT AS PROVIDED IN THIS ARTICLE, MAY SELL COTTAGE FOOD PRODUCTS TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW.
2.
MAY NOT STORE COTTAGE FOOD PRODUCTS OR FOOD PREPARATION EQUIPMENT OUTSIDE OF THE FOOD PREPARER'S HOME.
E.
IF A COTTAGE FOOD PRODUCT IS SOLD BY A THIRD-PARTY VENDOR, THE COTTAGE FOOD PRODUCT MUST BE SOLD IN A SEPARATE SECTION OF THE STORE OR ON A SEPARATE DISPLAY CASE FROM NONHOMEMADE FOOD ITEMS AND THE VENDOR MUST -DISPLAY 10A -SIGN H.B.THAT INDICATES THAT THE COTTAGE FOOD PRODUCTS ARE HOMEMADE AND EXEMPT FROM STATE LICENSING AND INSPECTION.
2509 DISPLAY A SIGN THAT INDICATES THAT THE COTTAGE FOOD PRODUCTS ARE HOMEMADE AND EXEMPT FROM STATE LICENSING AND INSPECTION.
F.
A COTTAGE FOOD PRODUCT MAY NOT:
1.
BE USED AS AN INGREDIENT IN FOOD PRODUCTS SOLD AT A PERMITTED RETAIL FOOD ESTABLISHMENT.
2.
INCLUDE MARIJUANA OR MARIJUANA BY-PRODUCTS.
G.
A COTTAGE FOOD PRODUCT SHALL CONTAIN ONLY INGREDIENTS THAT ARE FROM SOURCES THAT ARE APPROVED BY LAW.
H.
A HOME KITCHEN THAT IS USED TO PREPARE COTTAGE FOOD PRODUCTS MAY NOT OPERATE AS A COMMISSARY FOR THE PURPOSES OF SECTION 36-1761.
DOES NOT IMPEDE THE DEPARTMENT OR A COUNTY FROM INVESTIGATING ANY REPORTED FOODBORNE ILLNESS.
4.- 10 - H.B.
DOES2509 NOTB. AFFECT ANY COUNTY OR MUNICIPAL BUILDING CODE, ZONING CODE OR ORDINANCE OR OTHER LAND USE REGULATION.
B.THE DEPARTMENT SHALL ADOPT RULES RELATING TO COTTAGE FOOD PRODUCTS CONSISTENT WITH THIS ARTICLE AND SECTION 36-136, SUBSECTION I.
THE DEPARTMENT SHALL ADOPT RULES RELATING TO COTTAGE FOOD PRODUCTS THAT ARE CONSISTENT WITH THIS ARTICLE AND SECTION 36-136, SUBSECTION I AND THAT INCLUDE BOTH OF THE FOLLOWING:
1.
A PROVISION REQUIRING SUSPENSION OR REVOCATION OF AN INDIVIDUAL'S REGISTRATION FOR FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE OR IMPEDING IN THE INVESTIGATION OF A REPORTED FOODBORNE ILLNESS.
2.
GUIDANCE RELATING TO APPROVED INGREDIENT SOURCES.
D.Sec.
A3. COUNTY MAY NOT BE REQUIRED TO ENFORCE THIS ARTICLE.
Show all 42 changed lines (2 more)
E.Rulemaking exemption;
THISdepartment ARTICLEof DOEShealth NOTservices PREVENTNotwithstanding THEany DEPARTMENTother ANDlaw, Afor LOCALthe HEALTHpurposes AGENCY,of ENVIRONMENTALthis AGENCYact, ORthe PUBLICdepartment HEALTHof SERVICEShealth AGENCYservices FROMis ENTERINGexempt INTOfrom Athe DELEGATIONrulemaking AGREEMENTrequirements TOof ENFORCEtitle THIS41, ARTICLE.chapter 6, Arizona Revised Statutes, for eighteen months after the effective date of this act.
Show all 42 changed rows (2 more)
View plain text versions (7)
- Engrossed House Engrossed Version pdf
- Engrossed Senate Engrossed Version Current pdf
- SENATE - Commerce View text pdf
- Amended SENATE - Kaiser flr amend (ref COM) adopted pdf
- Amended SENATE - Kavanagh flr amend (ref Bill) adopted pdf
- Amended HOUSE - Floor Amend to Bill - failed pdf
- Introduced Introduced Version pdf
Action History
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FAILED
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Vetoed by Governor
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Transmit to Governor
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PASSED
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PASSED
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Transmit to House
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PASSED
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DPA
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DPA
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Senate Second Reading
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Senate First Reading
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Transmit to Senate
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PASSED
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DP
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House Placed on Consent Calendar
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DP
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House Second Reading
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House First Reading.
Sponsors
- Travis W. Grantham · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 29 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 14 | 0 | 0 |
| Republican | 22 | 0 | 0 | 0 |
| Unaffiliated | 9 | 9 | 0 | 2 |
| Total | 35 | 23 | 0 | 2 |
| % of votes cast | 58% | 38% | 0% | 3% |
How each member voted (60)
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 6 | 4 | 0 | 0 |
| Unaffiliated | 10 | 0 | 0 | 0 |
| Republican | 10 | 0 | 0 | 0 |
| Total | 26 | 4 | 0 | 0 |
| % of votes cast | 87% | 13% | 0% | 0% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Anna Hernandez | — | Yea |
| Anthony Kern | — | Yea |
| Christine Marsh | — | Yea |
| Juan Mendez | — | Yea |
| Justine Wadsack | — | Yea |
| Ken Bennett | — | Yea |
| Raquel Terán | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Steve Kaiser | — | Yea |
| Brian Fernandez | Democrat | Yea |
| Catherine Miranda | Democrat | Nay |
| Denise “Mitzi” Epstein | Democrat | Nay |
| Eva Burch | Democrat | Yea |
| Eva Diaz | Democrat | Nay |
| Lela Alston | Democrat | Yea |
| Priya Sundareshan | Democrat | Yea |
| Rosanna Gabaldón | Democrat | Yea |
| Sally Ann Gonzales | Democrat | Yea |
| Theresa Hatathlie | Democrat | Nay |
| David C. Farnsworth | Republican | Yea |
| David Gowan | Republican | Yea |
| Frank Carroll | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Jake Hoffman | Republican | Yea |
| Janae Shamp | Republican | Yea |
| John Kavanagh | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 15 | 3 | 0 | 0 |
| Republican | 22 | 0 | 0 | 0 |
| Unaffiliated | 15 | 5 | 0 | 0 |
| Total | 52 | 8 | 0 | 0 |
| % of votes cast | 87% | 13% | 0% | 0% |
How each member voted (60)
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 2509?
- HB 2509 is sponsored by Travis W. Grantham.
- What is the current status of HB 2509?
- This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 2509?
- Track HB 2509 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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