Critics say Governor Katie Hobbs has finally found a way to stop the exodus of Californians to the state of Arizona. And they say they have receipts; California bill AB 1325.
Earlier this month, California Gov. Gavin Newsom signed AB 1325, a version of Arizona’s bipartisan “Tamale bill” that Hobbs vetoed this Legislative Session.
AB 1325 expands California’s Microenterprise Home Kitchen Operations (MEHKO) program—into law. AB 1325, which was sponsored by the Institute for Justice (IJ) and the COOK Alliance is expected to “open doors and ease arbitrary restrictions for homemade food entrepreneurs.”
Adopted in 2019, the MEHKO program allows Californians in certain jurisdictions to prepare meals at home and sell them in their communities. Recognizing the vital importance of this legislation, the legislature adopted the reforms without a single vote in opposition and specified that the new provisions are effective immediately.
“This legislation is a game-changer for California’s home-based cooks and entrepreneurs,” said IJ Assistant Director of Activism Jennifer McDonald. “By embracing innovation and entrepreneurship, California is a national leader in empowering individuals to pursue their dreams and create economic opportunities for themselves and their communities.”
Constantin Querard, a top conservative consultant in Arizona tweeted, “After years of Arizona attracting Californians, Katie Hobbs’ veto of AZs version of this bill marks a bold new messaging strategy – “Want opportunity for your family? Stay in CA ’cause I vetoed it in AZ!” No word if #Hobbs will run the ads in Spanish as well. #Tamale #TamaleBill”
After years of Arizona attracting Californians, Katie Hobbs' veto of AZs version of this bill marks a bold new messaging strategy – "Want opportunity for your family? Stay in CA 'cause I vetoed it in AZ!" No word if #Hobbs will run the ads in Spanish as well. #Tamale #TamaleBill https://t.co/bB2cZ6Bb73
— Constantin Querard (@CQuerard) July 26, 2023
Under the expanded MEHKO program, home cooks have greater flexibility to turn their kitchens into thriving enterprises. The new law doubles the gross annual sales cap from $50,000 to $100,000 (adjusted for inflation each year) and frees home cooks to serve up to 90 meals weekly, up from 60 previously. The bill also gives clarity to the definition of a “meal,” allowing artisans to sell appetizers, beverages, desserts and other foods that were arbitrarily prohibited prior to these reforms. All of these common-sense changes will make it easier for entrepreneurs to enter the food industry, provide unique culinary experiences to consumers, and allow MEHKOs to earn more money to support their families right away.
“AB 1325 allows my family to expand our beloved BBQ operation to serve more people in our community,” said Malcom Suggs, owner of the Chula Vista-based MEHKO, Smoke ‘N Peppers BBQ, and active-duty service member. “It also creates a vehicle to supplement our income, which is crucial for my family because my wife was recently laid off.”
In April, the Arizona Legislature passed HB2509, affectionately known as the “Tamale Bill,” sponsored by Rep. Travis Grantham.
Like AB 1325, it would have allowed homemade food producers to sell refrigerated foods that included perishable ingredients like meat and eggs. The bill, which would eliminate regulatory hurdles that made life difficult for small business owners with limited incomes, passed with a bipartisan super majority.
Despite the fact that heavy-hitting organizations in the Latino community, including the National Hispanic Caucus of State Legislators (NHCSL) and Conserva Mi Voto, called on Arizona legislators to override the Governor’s veto, Democrats who had previously supported the bill refused to vote in favor of the Latino coalition.
In her veto letter, Hobbs claimed that the bill would increase the risk of food-borne illness but offered no evidence to support her claim.
David Lara, President of Conserva Mi Voto and a small business owner himself, blasted Hobbs at the time, telling the Arizona Daily Independent, “Many in our community fled anti-capitalist countries to this land of opportunity and freedom. To deny hard-working and productive members of this country access to the marketplace and to block them from joining the community of entrepreneurs is not only inhumane, but inane,” said Lara. “Governor Hobbs might prefer to have more people dependent on the system, but the vast majority of Latinos want to contribute to the system. They should be given that opportunity.”
Conserva Mi Voto, a group of first- and second-generation Latinos, is “dedicated to amplifying the voices of the growing Latino community in an effort to make a profoundly positive social, cultural, political, and economic impact while preserving those unique and important characteristics of our country of choice or birth – these United States of America.”