Balancing public health and economic opportunity
The number of people looking to create food products for sale out of their home kitchens has surged since the arrival of Covid. In Arizona, the Cottage Food Program is the legal pathway to do so. This program recently underwent changes that have put public health officials and others concerned about food safety on edge. Food trends and news elicit opinions from nearly everyone. In the case of cottage food, it has also cooked up confusion.
Previously, the Cottage Food Program allowed individuals to make “homemade products that are neither potentially hazardous nor Time or Temperature Control for Safety (TCS) Foods, and offer them for commercial sale.”
The Arizona Food Code defines “potentially hazardous” food as any food capable of supporting “the rapid and progressive growth of infectious or toxigenic microorganisms.”
The program changed when Gov. Katie Hobbs signed House Bill 2042 into law on March 29, 2024. What has set public health officials on edge is the inclusion of previously prohibited products considered to be potentially hazardous.
The Arizona Department of Health Services (ADHS) does not have the authority to inspect personal home kitchens. So, what safeguards are in place to ensure food produced under the Cottage Food Program is safe to eat?
Those who want to operate under the Cottage Food Program must register with the department, obtain a food handler’s certification, and follow proper labeling requirements. If anything is amiss, the only recourse is a consumer complaint form.
The mission of ADHS is “To promote, protect, and improve the health and wellness of individuals and communities in Arizona.” When I read those words, I immediately think of the proactive and preventative nature of public health work. This is the conundrum that our State officials have been working to rectify: How do we collectively balance the need to protect public health while at the same time encouraging economic opportunity?
It begins with promoting a food safety culture. No one wants to eat food that could sicken us or the ones we love. At the same time, there should not be unnecessary limits on a person’s ability to be creative and pursue a business model that provides a service. However, both consumers and producers must think of each other when they meet in the marketplace.
For more information on the Cottage Food Program, contact the Arizona Department of Health Services at cottagefood@azdhs.gov or 602.364.3120.


