Hobbs Speeds Up ‘Tamale Bill’ Implementation: ADHS Ordered to Act Swiftly

Arizona Governor Katie Hobbs has instructed the Arizona Department of Health Services (ADHS) to promptly enforce the recently enacted “tamale bill” following delays related to its implementation. This directive came after ADHS informed at-home food vendors that a rulemaking process was necessary before the law could take effect.

House Bill 2042, effective since September 14, expands the provisions of the Cottage Food Program, allowing for the sale of foods requiring refrigeration, such as meat and dairy products. However, ADHS had not updated its website to reflect these changes, indicating it would take another year to amend its policies.

The Institute for Justice, a national law firm representing affected vendors, contested this delay in a letter to ADHS. In response to this legal pressure, Hobbs mandated immediate compliance, resulting in the removal of the restrictive language from the agency’s website.

“Upon learning of the issue, the governor directed ADHS to enforce the new law as written, revise their resources for small business owners, and initiate appropriate rulemaking,” said Christian Slater, Hobbs’ spokesman. “The governor is committed to reducing red tape and expanding operational freedom for small businesses.”

The bill’s introduction came after its initial failure during the previous legislative session, where Hobbs vetoed a similar proposal, citing concerns over food safety. However, Republicans, led by Rep. Travis Grantham, reintroduced the bill this fiscal year with modifications that addressed earlier objections.

Will Humble, former ADHS director, criticized the agency’s lack of progress in rulemaking after the bill’s passage, noting they had ample time since Hobbs signed it at the end of March. He indicated that the agency’s stalling could hinder the enforcement of the new regulations, especially if Proposition 315 passes, which could impose additional legislative oversight on regulatory costs.

Humble emphasized the need for a clear framework for food safety violations as the implementation continues. “The legislature has provided most of what’s needed for enforcement,” he stated. “The agency should have been proactive, given the public interest.”

Grantham criticized ADHS for its inaction, labeling it as “government bullying.” He underscored the importance of agency accountability, asserting, “They are meant to serve the public, not resist the laws passed by the electorate.”

As this situation develops, there will likely be increased scrutiny on ADHS to accelerate the rulemaking process and ensure that at-home food vendors can operate under the new regulations without undue delay. ADHS has yet to respond to further inquiries regarding the situation.