HB 2509
Initials DC Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: RA DP 7-0-0-0
HB 2509: food preparation; sale; cottage food
Sponsor: Representative Grantham, LD 14
House Engrossed
Overview
Expands the foods that meet the cottage food exemption if they meet certain
requirements. Maintains current cottage food program guidelines and adds sale requirements.
History
Statute requires the Director of the Department of Health Services (DHS) to adopt rules to provide
for the oversight of food and drinks sold at the retail level, including minimum standards for related
facilities and necessary measures for producing, processing, labeling,
storing, handling, serving and transporting food products. However, cottage food products that
are prepared in a home kitchen are exempt from these requirements and may be offered for
commercial sale if the products are not potentially hazardous and do not require time or
temperature controls for food safety. Statute and rule provide related requirements, both for the
food products, including packaging and labels, and the food preparer, including food handler
training courses, active food handler certification and registration with the online registry
established by DHS (A.R.S. § 36-136).
Cottage food program-approved foods include cakes, cookies, breads and jams and jellies made
from allowable fruits. However, foods that require refrigeration are not approved. Currently,
potentially hazardous food products fall under retail food regulatory oversight, which requires the
products to be prepared in a licensed and inspected commercial kitchen. Federal law and
regulations provide for inspections of poultry, poultry products and meat and meat products, but
exempt certain products, including from producers that slaughter not more than 1,000 poultry in
a calendar year and operation types that are traditionally and usually conducted at retail stores
and restaurants if other specified requirements are met (9 CFR § 381.10).
Provisions
Expansion
1. Expands the food products that meet the cottage food product exemption to those that are
potentially hazardous or require time or temperature control for safety if they are exempt under
federal regulations. (Sec. 2)
2. Allows the sale of the following as cottage food products if they meet the requirements under
federal regulations:
a) poultry, poultry byproducts or poultry food products if the producer raised the poultry
pursuant to the 1,000 bird exemption; and
b) poultry, poultry byproducts, poultry food products and meat, meat byproducts and meat
food products if they are from an inspected source. (Sec. 2)
3. Specifies that alcoholic beverages, foods that contain alcoholic beverages, unpasteurized
milk, fish and shellfish products, meat, meat byproducts, poultry and poultry byproducts do HB 2509
Initials DC Page 2 House Engrossed
not meet the definition of cottage food product unless their sale is allowed by federal law, as
specified above. (Sec. 2)
4. Allows food producers to sell cottage food products to the maximum extent allowed by federal
law. (Sec. 2)
Sale Requirements
5. Requires cottage food products that do not contain dairy, meat or poultry to be sold by the
food preparer or agent, including a third-party vendor, and delivered to the consumer by the
food preparer, agent, third-party vendor or third-party carrier. (Sec. 2)
6. Requires cottage food products that are dairy or that contain meat or poultry to be:
a) sold by the preparer in person or remotely, including over the internet; and
b) delivered to the consumer in person. (Sec. 2)
7. Requires cottage food products that are potentially hazardous or require time or temperature
control for safety and that are transported before final delivery to consumers to be:
a) maintained at an appropriate temperature during transport;
b) not transported more than once; and
c) not transported for longer than two hours. (Sec. 2)
8. Requires third-party vendors to sell cottage food products:
a) in a separate section of the store or on a separate display case
from nonhomemade food items; and
b) with a sign that indicates they are homemade and exempt from state licensing and
inspection. (Sec. 2)
Miscellaneous
8. Maintains current requirements for cottage food products and product preparers. (Sec. 2)
9. Specifies the above requirements are not more restrictive than the applicable federal laws.
(Sec. 2)
10. Specifies that these requirements do not:
a) impede DHS or a county from investigating foodborne illness;
b) change the requirements for brand inspections, animal health inspections or food
inspections required by state or federal law; or
c) change the requirements for the sale of milk, milk products, raw milk or raw milk
products. (Sec. 2)
11. Requires DHS to adopt rules relating to cottage food products and exempts DHS from
rulemaking requirements for 18 months after the general effective date. (Sec. 2, 3)
12. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note