Rep. Kelly Townsend’s bill, HB2341, which “expands the food and drink rule exemption to include potlucks not conducted at a workplace,” was signed by Governor Doug Ducey.
The bill eliminates the requirement that food or drink served at a noncommercial social event, such as a potluck, must take place at a workplace to be included in the rule exemption.
Townsend thanked the governor for signing her bill. Although seemingly trivial, many Arizonans have had their personal liberties infringed on by this unfortunate law and Rep. Townsend hopes that going forward, folks can exercise this basic right to break bread together without government intrusion. The bill will not go into effect until 90 days after Sine Die, which will no doubt be after the 4th of July. “As we celebrate Independence Day,” said Townsend in a statement released Monday, “let this be a reminder of all the freedoms we have given away to big government and burdensome regulations in exchange for safety and financial comfort.”
“The Director of the Arizona Department of Health Services (Director) is required to exercise general supervision over all matters relating to sanitation and health throughout Arizona,” according to the legislative overview. “By rule, the Director must prescribe reasonably necessary measures to ensure that all food or drink provided for human consumption is free from unwholesome, poisonous or other foreign substance and filth, insects or disease-causing organisms.”
Currently exemption to the rules includes food or drink that is:
1) served at a noncommercial social event that takes place at a workplace, such as a potluck;
2) prepared at a cooking school conducted in an owner-occupied home;
3) not potentially hazardous and prepared in a kitchen of a private home for occasional sale or distribution for noncommercial purposes; 4) prepared or served at an employee-conducted function that lasts less than four hours and is not regularly scheduled;
5) offered at a child care facility and limited to commercially prepackaged food that is not potentially hazardous and whole fruits and vegetables that are washed and cut on site for immediate consumption;
6) offered at locations that sell only commercial prepackaged food or drink that is not potentially hazardous; and
7) baked and confectionary goods that are not potentially hazardous and prepared in a kitchen of a private home for commercial purposes if packaged with a labeled that meets specified requirements (A.R.S. § 36-136).
Last year, the Legislature passed a bill protecting cupcakes.