REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 7, 16)
A.B. 352
- *AB352*
ASSEMBLY BILL NO. 352–ASSEMBLYMEMBER ANDERSON
MARCH 3, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to businesses.
(BDR 51-890)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to businesses; requiring a person who wishes to
conduct a cottage cosmetics operation to apply to the
State Department of Agriculture for a license; setting
forth requirements and fees relating to a cottage cosmetics
operation; exempting a cottage cosmetics operation from
certain licensing requirements; revising and reorganizing
certain provisions governing cottage food establishments;
requiring a person who wishes to conduct a cottage food
operation to apply to the Department; revising provisions
governing farm-to-fork events; applying certain
provisions governing food delivery service platforms to
the delivery of food items from a cottage food operation;
declaring void certain regulations; eliminating certain
provisions governing craft food operations; providing a
penalty; providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the Commissioner of Food and Drugs is required to adopt 1
regulations for the licensing of every person who manufactures, compounds, 2
processes or packages drugs, devices or cosmetics in this State. (NRS 585.245) 3
Section 20 of this bill exempts, with certain exceptions, cottage cosmetics 4
operations from the provisions of law governing the licensing, regulation, fees and 5
inspection of such persons by the Commissioner. 6
Section 4 of this bill defines the term “cottage cosmetics operation” to mean a 7
natural person: (1) who manufactures or prepares cosmetics in his or her private 8
home or in a kitchen that is not otherwise required by law to be inspected for the 9
preparation of a cosmetic, for sale to a natural person; and (2) whose gross sales of 10
such cosmetics are not more than $100,000 per year. Section 3 of this bill defines 11
the term “cosmetic.” Sections 5 and 6 of this bill define certain other terms relating 12
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to cottage cosmetics operations. Section 2 of this bill applies these definitions to 13
the provisions of sections 2-11 of this bill. 14
Section 7 requires a person who wishes to conduct a cottage cosmetics 15
operation to apply to the State Department of Agriculture for a license to conduct a 16
cottage cosmetics operation and prescribes certain requirements for such an 17
application. Section 7 authorizes the Department to: (1) charge certain fees for the 18
issuance and renewal of a license to conduct a cottage cosmetics operation; and (2) 19
inspect a cottage cosmetics operation for certain purposes and charge a fee for the 20
inspection if the cottage cosmetics operation produced an adulterated or 21
misbranded cosmetic or was the source of an outbreak of illness caused by a 22
contaminated cosmetic. Section 7 prohibits a local zoning board, planning 23
commission or governing body of an unincorporated town, incorporated city or 24
county to adopt an ordinance or other regulation that prohibits a person from 25
operating a cottage cosmetics operation. Additionally, section 7 requires the 26
Department to maintain a registry of each person who holds an active license to 27
conduct a cottage cosmetics establishment. Section 10 requires the Director of the 28
Department to adopt certain regulations governing cottage cosmetics operations. 29
Section 11 of this bill authorizes the Director to impose a civil penalty of not 30
more than $500 for a violation of the provisions of sections 2-11. Section 21 of this 31
bill provides that the civil penalty is an exception to the criminal penalties imposed 32
for other violations of the provisions relating to food, drugs and cosmetics. 33
Existing law sets forth certain requirements for a food establishment that 34
prepares food intended for human consumption. (NRS 446.0145-446.945) Existing 35
law exempts a cottage food operation from such requirements and requires a person 36
who wishes to conduct a cottage food operation to register with a certain health 37
authority. (NRS 446.866) Section 16 of this bill instead requires a person who 38
wishes to conduct a cottage food operation to apply to the Department for a license 39
to conduct a cottage food operation. Sections 14-16 of this bill revise and 40
reorganize the existing provisions governing cottage food operations into new 41
sections of the Nevada Revised Statutes. Section 28 of this bill repeals the existing 42
provisions governing cottage food operations. Section 14 revises the definition of 43
“cottage food operation” to apply to a natural person who manufactures or prepares 44
food items in his or her private home or in a kitchen that is not otherwise required 45
by law to be inspected for the purposes of preparing a food item, for sale and whose 46
gross sales of such food items are not more than $100,000 per calendar year. 47
Section 15 revises the definition of “food item” to include, among other food items, 48
certain acidified foods. Section 13 of this bill defines the term “acidified foods.” 49
Additionally, section 16 authorizes a cottage food operation to: (1) sell food 50
items via a transaction by telephone or via the Internet; and (2) fulfill a transaction 51
in person, by mail or through a food delivery service platform. Section 26 of this 52
bill makes a cottage food operation a “food dispensing establishment,” thereby 53
applying the provisions governing the food delivery service platforms to the 54
delivery of food items from a cottage food operation. Section 16 authorizes the 55
Department to charge certain fees for the issuance and renewal of a license to 56
conduct a cottage food operation. Section 16 further requires the Department to 57
maintain a registry of each person who holds an active license to conduct a cottage 58
food operation. Section 19 of this bill requires the Director of the Department to 59
adopt certain regulations governing cottage food operations. 60
Section 23 of this bill revises the definition of “food establishment” to reflect 61
the reorganization of provisions governing cottage food operations. 62
Existing federal law requires each state to adopt procedures to ensure that 63
applicants for certain licenses and certificates comply with child support 64
obligations. (42 U.S.C. § 666) Sections 8, 9, 17 and 18 of this bill enact such 65
procedures as applicable to an applicant for a license to conduct a cottage cosmetics 66
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operation and an applicant for a license to conduct a cottage food operation in order 67
to comply with federal law. 68
Existing law provides that the penalty for a violation of any provision of 69
existing law relating to agricultural products and seeds is a civil penalty of not more 70
than $500 for each violation. (NRS 587.900) This penalty applies to sections 12-19 71
of this bill. 72
Existing law exempts a farm from certain provisions governing food 73
establishments for the purposes of holding a farm-to-fork event under certain 74
conditions. (NRS 446.868) Section 24 of this bill authorizes a farm holding such an 75
event to serve certain food items provided that: (1) any livestock or game animal 76
that is served at the event is butchered and processed on the farm in accordance 77
with certain provisions of law or was inspected and approved under a certain 78
inspection program; and (2) certain other food items served at the farm-to-fork 79
event are sourced from certain facilities or was inspected and approved under a 80
certain inspection program. Section 24 also exempts: (1) a farm from certain 81
provisions governing food establishments provided that the farm holds four events 82
or less in a month; and (2) a farm that holds more than four events during a harvest 83
or holiday season from such provisions. Section 25 of this bill prohibits the 84
Department from charging a fee for the registration of a farm to hold farm-to-fork 85
events when the annual revenue of the farm for the preceding calendar year was 86
less than $100,000. 87
Existing law sets forth certain requirements for a craft food operation in which 88
a person manufactures or prepares acidified foods in certain kitchens and whose 89
gross sales of such foods are not more than $35,000 per calendar year and 90
authorizes the Department to adopt certain regulations governing such operations. 91
(NRS 587.691-587.699) Section 28 repeals such provisions. Section 27 of this bill 92
declares void the regulations adopted by the Department governing craft food 93
operations and requires the Legislative Counsel to remove the regulations from the 94
Nevada Administrative Code. 95
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 585 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 19, inclusive of this 2
act. 3
Sec. 2. As used in sections 2 to 11, inclusive, of this act, 4
unless the context otherwise requires, the words and terms defined 5
in sections 3 to 6, inclusive, of this act have the meanings ascribed 6
to them in those sections. 7
Sec. 3. “Cosmetic” has the meaning ascribed to it in 8
NRS 585.060. 9
Sec. 4. “Cottage cosmetics operation”: 10
1. Means a natural person: 11
(a) Who manufactures or prepares cosmetics in his or her 12
private home or in a kitchen that is not otherwise required by law 13
to be inspected for the purposes of preparing a cosmetic, for sale 14
to a natural person; and 15
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(b) Whose gross sales of such cosmetics are not more than 1
$100,000 per year. 2
2. The term does not include an operation that engages in the 3
manufacturing or processing of any of the products described in 4
21 U.S.C. § 364h(b). 5
Sec. 5. “Department” means the State Department of 6
Agriculture. 7
Sec. 6. “Director” means the Director of the Department. 8
Sec. 7. 1. A person shall not conduct a cottage cosmetics 9
operation unless the person holds a license issued pursuant to 10
subsection 2. 11
2. A natural person who wishes to obtain a license to conduct 12
a cottage cosmetics operation must submit to the Department an 13
application on a form prescribed by the Director. The application 14
must include, without limitation: 15
(a) The name, address and contact information of the natural 16
person conducting the cottage cosmetics operation; and 17
(b) If the cottage cosmetics operation sells cosmetics under a 18
name other than the name of the natural person who conducts the 19
cottage cosmetics operation, the name under which the cottage 20
cosmetics operation sells cosmetics. 21
3. The Department may charge a fee for the issuance or 22
renewal of a license to conduct a cottage cosmetics operation 23
pursuant to subsection 2 in an amount not to exceed the actual 24
cost of the Department to issue or renew a license and maintain 25
the registry required by subsection 6. 26
4. The Department may inspect a cottage cosmetics operation 27
only to investigate a cosmetic that may be deemed to be 28
adulterated or misbranded pursuant to NRS 585.500 and 585.510, 29
or an outbreak or suspected outbreak of illness known or 30
suspected to be caused by an adulterated cosmetic. The cottage 31
cosmetics operation shall cooperate with the Department in any 32
such inspection. If, as a result of such an inspection, the 33
Department determines that the cottage cosmetics operation has 34
produced an adulterated or misbranded cosmetic or was the 35
source of an outbreak caused by a contaminated cosmetic, the 36
Department may charge and collect from the cottage cosmetics 37
operation a fee in an amount that does not exceed the actual cost 38
of the Department to conduct the investigation. 39
5. No local zoning board, planning commission or governing 40
body of an unincorporated town, incorporated city or county may 41
adopt any ordinance or other regulation that prohibits a natural 42
person from preparing cosmetics in a cottage cosmetics operation. 43
6. The Department shall maintain a registry of each natural 44
person who holds an active license to conduct a cottage cosmetics 45
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operation. The registry must include, without limitation, the name 1
under which the cottage cosmetics operation sells cosmetics. 2
Sec. 8. 1. In addition to any other requirements set forth in 3
sections 2 to 11, inclusive, of this act, an applicant for a license or 4
the renewal of a license to conduct a cottage cosmetics operation 5
shall: 6
(a) Include the social security number of the applicant in the 7
application submitted to the Department pursuant to section 7 of 8
this act. 9
(b) Submit to the Department the statement prescribed by the 10
Division of Welfare and Supportive Services of the Department of 11
Health and Human Services pursuant to NRS 425.520. The 12
statement must be completed and signed by the applicant. 13
2. The Department shall include the statement required 14
pursuant to subsection 1 in: 15
(a) The application or any other forms that must be submitted 16
for the issuance or renewal of the license; or 17
(b) A separate form prescribed by the Department. 18
3. A license to conduct a cottage cosmetics operation may not 19
be issued or renewed by the Department if the applicant: 20
(a) Fails to submit the statement required pursuant to 21
subsection 1; or 22
(b) Indicates on the statement submitted pursuant to 23
subsection 1 that the applicant is subject to a court order for the 24
support of a child and is not in compliance with the order or a 25
plan approved by the district attorney or other public agency 26
enforcing the order for the repayment of the amount owed 27
pursuant to the order. 28
4. If an applicant indicates on the statement submitted 29
pursuant to subsection 1 that the applicant is subject to a court 30
order for the support of a child and is not in compliance with the 31
order or a plan approved by the district attorney or other public 32
agency enforcing the order for the repayment of the amount owed 33
pursuant to the order, the Department shall advise the applicant to 34
contact the district attorney or other public agency enforcing the 35
order to determine the actions that the applicant may take to 36
satisfy the arrearage. 37
Sec. 9. 1. If the Department receives a copy of a court 38
order issued pursuant to NRS 425.540 that provides for the 39
suspension of all professional, occupational and recreational 40
licenses, certificates and permits issued to a person who is licensed 41
to conduct a cottage cosmetics operation, the Department shall 42
deem the license of that person to be suspended at the end of the 43
30th day after the date on which the court order was issued unless 44
the Department receives a letter issued to the licensee by the 45
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district attorney or other public agency pursuant to NRS 425.550 1
stating that the licensee has complied with the subpoena or 2
warrant or has satisfied the arrearage pursuant to NRS 425.560. 3
2. The Department shall reinstate a license that has been 4
suspended by a district court pursuant to NRS 425.540 if the 5
Department receives a letter issued by the district attorney or other 6
public agency pursuant to NRS 425.550 to the person whose 7
license was suspended stating that the person whose license was 8
suspended has complied with the subpoena or warrant or has 9
satisfied the arrearage pursuant to NRS 425.560. 10
Sec. 10. The Director shall adopt regulations to carry out the 11
provisions of sections 2 to 11, inclusive, of this act, including, 12
without limitation, regulations prescribing requirements for a 13
person to obtain a license to conduct a cottage cosmetics 14
operation. 15
Sec. 11. The Director may, after notice and an opportunity 16
for a hearing, impose a civil penalty of not more than $500 for 17
each violation of sections 2 to 11, inclusive, of this act. 18
Sec. 12. As used in sections 12 to 19, inclusive, of this act, 19
unless the context otherwise requires, the words and terms defined 20
in sections 13, 14 and 15 of this act have the meanings ascribed to 21
them in those sections. 22
Sec. 13. “Acidified foods” means a food item containing 23
either fruits, vegetables or both fruits and vegetables which, when 24
prepared for sale, has a finished equilibrium of pH level of not 25
more than 4.6. The term does not include any product that 26
includes, without limitation, milk or milk products, eggs, meat, 27
poultry, fish, shellfish, edible crustacean ingredients or other 28
ingredients capable of supporting the rapid growth of infectious or 29
toxigenic microorganisms. 30
Sec. 14. “Cottage food operation” means a natural person: 31
1. Who manufactures or prepares food items in his or her 32
private home or in a kitchen that is not otherwise required by law 33
to be inspected for the purposes of preparing a food item, for sale 34
to a natural person for consumption; and 35
2. Whose gross sales of such food items are not more than 36
$100,000 per calendar year. 37
Sec. 15. “Food item” means: 38
1. Nuts and nut mixes; 39
2. Candies; 40
3. Jams, jellies and preserves; 41
4. Dry herbs, seasoning mixes and teas; 42
5. Dried fruits and vegetables; 43
6. Cereals, trail mixes and granola; 44
7. Popcorn and popcorn balls; 45
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8. Baked goods that: 1
(a) Are not potentially hazardous foods; 2
(b) Do not contain cream, uncooked egg, custard meringue or 3
cream cheese frosting or garnishes; and 4
(c) Do not require time or temperature controls for food safety; 5
or 6
9. Acidified foods. 7
Sec. 16. 1. A cottage food operation which manufactures or 8
prepares a food item by any manner or means whatever for sale, 9
or which offers or displays a food item for sale, is not a “food 10
establishment” pursuant to paragraph (i) of subsection 2 of NRS 11
446.020 if each such food item is: 12
(a) Sold on the private property of the natural person who 13
manufactures or prepares the food item or at a location where the 14
natural person who manufactures or prepares the food item sells 15
the food item directly to a consumer, including, without limitation, 16
a farmers’ market licensed pursuant to chapter 244 or 268 of 17
NRS, flea market, swap meet, church bazaar, garage sale or craft 18
fair, by means of an in-person transaction or a transaction by 19
telephone or via the Internet. A sale made pursuant to this 20
paragraph may be fulfilled in person, by mail or through a food 21
delivery service platform, as defined in NRS 597.7627. 22
(b) Sold to a natural person for his or her consumption and 23
not for resale. 24
(c) Affixed with a label which complies with the federal 25
labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. 26
Part 317 and 21 C.F.R. Part 101. 27
(d) Labeled with “MADE IN A COTTAGE FOOD 28
OPERATION THAT IS NOT SUBJECT TO GOVERNMENT 29
FOOD SAFETY INSPECTION” printed prominently on the label 30
for the food item. 31
(e) Prepackaged in a manner that protects the food item from 32
contamination during transport, display, sale and acquisition by 33
consumers. 34
(f) Prepared and processed in the kitchen of the private home 35
of the natural person who manufactures or prepares the food item 36
or, if allowed by the Department, in a kitchen that is not otherwise 37
required by law to be inspected for the purposes of preparing a 38
food item. 39
2. No local zoning board, planning commission or governing 40
body of an unincorporated town, incorporated city or county may 41
adopt any ordinance or other regulation that prohibits a natural 42
person from preparing food in a cottage food operation. 43
3. A person shall not conduct a cottage food operation unless 44
the person holds a license issued pursuant to subsection 4. 45
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4. A natural person who wishes to obtain a license to conduct 1
a cottage food operation must submit to the Department an 2
application on a form prescribed by the Director. The application 3
must include, without limitation: 4
(a) The name, address and contact information of the natural 5
person conducting the cottage food operation; and 6
(b) If the cottage cosmetics operation sells food items under a 7
name other than the name of the natural person who conducts the 8
cottage food operation, the name under which the cottage food 9
operation sells food items. 10
5. The Department may charge a fee for the issuance or 11
renewal of a license to conduct a cottage food operation pursuant 12
to subsection 4 in an amount not to exceed the actual cost of the 13
Department to issue and renew a license and maintain the registry 14
required by subsection 7. 15
6. The Department may inspect a cottage food operation only 16
to investigate a food item that may be deemed to be adulterated or 17
misbranded pursuant to NRS 585.300 to 585.360, inclusive, or an 18
outbreak or suspected outbreak of illness known or suspected to be 19
caused by a contaminated food item. The cottage food operation 20
shall cooperate with the Department in any such inspection. If, as 21
a result of such inspection, the Department determines that the 22
cottage food operation has produced an adulterated food item or 23
was the source of an outbreak of illness caused by a contaminated 24
food item, the Department may charge and collect from the 25
cottage food operation a fee in an amount that does not exceed the 26
actual cost of the Department to conduct the investigation. 27
7. The Department shall maintain a registry of each natural 28
person who holds an active license to conduct a cottage food 29
operation. The registry must include, without limitation, the name 30
under which the cottage food operation sells food items. 31
Sec. 17. 1. In addition to any other requirements set forth 32
in sections 12 to 19, inclusive, of this act, an applicant for a 33
license or the renewal of a license to conduct a cottage food 34
operation shall: 35
(a) Include the social security number of the applicant in the 36
application submitted to the Department pursuant to section 16 of 37
this act. 38
(b) Submit to the Department the statement prescribed by the 39
Division of Welfare and Supportive Services of the Department of 40
Health and Human Services pursuant to NRS 425.520. The 41
statement must be completed and signed by the applicant. 42
2. The Department shall include the statement required 43
pursuant to subsection 1 in: 44
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(a) The application or any other forms that must be submitted 1
for the issuance or renewal of the license; or 2
(b) A separate form prescribed by the Department. 3
3. A license to conduct a cottage food operation may not be 4
issued or renewed by the Department if the applicant: 5
(a) Fails to submit the statement required pursuant to 6
subsection 1; or 7
(b) Indicates on the statement submitted pursuant to 8
subsection 1 that the applicant is subject to a court order for the 9
support of a child and is not in compliance with the order or a 10
plan approved by the district attorney or other public agency 11
enforcing the order for the repayment of the amount owed 12
pursuant to the order. 13
4. If an applicant indicates on the statement submitted 14
pursuant to subsection 1 that the applicant is subject to a court 15
order for the support of a child and is not in compliance with the 16
order or a plan approved by the district attorney or other public 17
agency enforcing the order for the repayment of the amount owed 18
pursuant to the order, the Department shall advise the applicant to 19
contact the district attorney or other public agency enforcing the 20
order to determine the actions that the applicant may take to 21
satisfy the arrearage. 22
Sec. 18. 1. If the Department receives a copy of a court 23
order issued pursuant to NRS 425.540 that provides for the 24
suspension of all professional, occupational and recreational 25
licenses, certificates and permits issued to a person who is licensed 26
to conduct a cottage food operation, the Department shall deem 27
the license of that person to be suspended at the end of the 30th 28
day after the date on which the court order was issued unless the 29
Department receives a letter issued to the licensee by the district 30
attorney or other public agency pursuant to NRS 425.550 stating 31
that the licensee has complied with the subpoena or warrant or 32
has satisfied the arrearage pursuant to NRS 425.560. 33
2. The Department shall reinstate a license that has been 34
suspended by a district court pursuant to NRS 425.540 if the 35
Department receives a letter issued by the district attorney or other 36
public agency pursuant to NRS 425.550 to the person whose 37
license was suspended stating that the person whose license was 38
suspended has complied with the subpoena or warrant or has 39
satisfied the arrearage pursuant to NRS 425.560. 40
Sec. 19. The Director shall adopt regulations necessary to 41
carry out the provisions of sections 12 to 19, inclusive, of this act, 42
including, without limitation, regulations prescribing 43
requirements for a person to obtain a license to conduct a cottage 44
food operation. 45
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Sec. 20. NRS 585.245 is hereby amended to read as follows: 1
585.245 1. The Commissioner shall adopt regulations for the 2
licensing of every person who manufactures, compounds, processes 3
or packages drugs, devices or cosmetics in a factory, warehouse, 4
laboratory or other location in this State. The regulations must set 5
forth the requirements for issuance and renewal of a license. Only a 6
person who complies with the requirements of this chapter is 7
entitled to a license. A license is not transferable from person to 8
person or from place to place. The regulations must prescribe the 9
length of term for which a license is issued and must set forth 10
grounds and procedures for the revocation, suspension or 11
nonrenewal of a license. 12
2. A valid license is required for the manufacturing, 13
compounding, processing or packaging of drugs, devices or 14
cosmetics in any factory, warehouse, laboratory or other location in 15
this State. Licensed pharmacies compounding or packaging 16
prescriptions are exempt from this provision. 17
3. The Commissioner shall establish and collect fees for the 18
purpose of paying the costs of inspecting, testing and other functions 19
required under the provisions of this chapter with respect to any 20
drug, device or cosmetic. Failure to pay any fee imposed pursuant to 21
this subsection is a ground for revocation, suspension or nonrenewal 22
of a license. All such fees collected by the Commissioner must be 23
deposited with the State Treasurer for credit to the State General 24
Fund. 25
4. As a condition for entertaining the application of any 26
applicant for any license authorized under this chapter, and as a 27
further condition for the issuance of any such license, the 28
Commissioner or the Commissioner’s authorized agent is entitled to 29
free access at all reasonable hours to any factory, warehouse or 30
other location in which drugs, devices or cosmetics are 31
manufactured, compounded, processed or packaged or held for 32
introduction into commerce, and may enter any vehicle being used 33
to transport or hold such drugs, devices or cosmetics in commerce, 34
for the purposes of: 35
(a) Inspecting the factory, warehouse, other location or vehicle 36
to determine whether any of the provisions of this chapter is being 37
violated; and 38
(b) Securing samples or specimens of any drug, device or 39
cosmetic after paying or offering to pay therefor. 40
5. The Commissioner shall make, or cause to be made, 41
examinations of samples and specimens secured under the 42
provisions of this section to determine whether any of the provisions 43
of this chapter is being violated. 44
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6. A cottage cosmetics operation subject to the requirements 1
of sections 2 to 11, inclusive, of this act, is exempt from the 2
provisions of this section. 3
Sec. 21. NRS 585.550 is hereby amended to read as follows: 4
585.550 1. A person who manufactures, compounds, 5
processes or packages any drug in a factory, warehouse, laboratory 6
or other location in this state without a license required by NRS 7
585.245 is guilty of a category D felony and shall be punished as 8
provided in NRS 193.130. 9
2. [A] Except as otherwise provided in section 11 of this act, a 10
person who violates any other provision of this chapter is guilty of a 11
gross misdemeanor. 12
Sec. 22. Chapter 446 of NRS is hereby amended by adding 13
thereto a new section to read as follows: 14
As used in this section and NRS 446.868 and 446.869, unless 15
the context otherwise requires, “Department” means the State 16
Department of Agriculture. 17
Sec. 23. NRS 446.020 is hereby amended to read as follows: 18
446.020 1. Except as otherwise limited by subsection 2, 19
“food establishment” means any place, structure, premises, vehicle 20
or vessel, or any part thereof, in which any food intended for 21
ultimate human consumption is manufactured or prepared by any 22
manner or means whatever, or in which any food is sold, offered or 23
displayed for sale or served. 24
2. The term does not include: 25
(a) Private homes, unless the food prepared or manufactured in 26
the home is sold, or offered or displayed for sale or for 27
compensation or contractual consideration of any kind; 28
(b) Fraternal or social clubhouses at which attendance is limited 29
to members of the club; 30
(c) Vehicles operated by common carriers engaged in interstate 31
commerce; 32
(d) Any establishment in which religious, charitable and other 33
nonprofit organizations sell food occasionally to raise money or in 34
which charitable organizations receive salvaged food in bulk 35
quantities for free distribution, unless the establishment is open on a 36
regular basis to sell food to members of the general public; 37
(e) Any establishment where animals, including, without 38
limitation, mammals, fish and poultry, are slaughtered which is 39
regulated pursuant to chapter 583 of NRS; 40
(f) Dairy farms and plants which process milk and products of 41
milk or frozen desserts which are regulated under chapter 584 of 42
NRS; 43
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(g) The premises of a wholesale dealer of alcoholic beverages 1
licensed under chapter 369 of NRS who handles only alcoholic 2
beverages which are in sealed containers; 3
(h) A facility that produces eggs which is regulated pursuant to 4
chapter 583 of NRS; 5
(i) A cottage food operation that meets the requirements of 6
[NRS 446.866] section 16 of this act with respect to food items as 7
defined in [that] section [;] 15 of this act; or 8
(j) [A craft food operation that meets the requirements of NRS 9
587.6945 with respect to food items as defined in that section; or 10
(k)] A farm for purposes of holding a farm-to-fork event. 11
3. As used in this section, “poultry” has the meaning ascribed 12
to it in NRS 583.405. 13
Sec. 24. NRS 446.868 is hereby amended to read as follows: 14
446.868 1. Except as otherwise provided in subsection 3, a 15
farm is not a “food establishment” for purposes of holding a farm-16
to-fork event provided that: 17
(a) Any poultry and meat from a rabbit that is served at the 18
farm-to-fork event is raised and prepared on the farm and is 19
butchered and processed on the farm pursuant to the requirements of 20
chapter 583 of NRS; [and] 21
(b) Any livestock or game animal that is served at the farm-to-22
fork event is butchered and processed on the farm pursuant to the 23
requirements of chapter 583 of NRS or was inspected and 24
approved under an inspection program administered by the United 25
States Department of Agriculture; and 26
(c) Any other food item that is served at the farm-to-fork event, 27
including, without limitation, salads, side dishes and desserts, are 28
prepared on the farm from ingredients that are substantially 29
produced on the farm [.] or sourced from a facility that satisfies the 30
requirements of chapter 583 of NRS or was inspected and 31
approved under an inspection program administered by the United 32
States Department of Agriculture. 33
2. A farm which holds a farm-to-fork event shall, before a 34
guest consumes any food, provide each guest with a notice which 35
states that no inspection was conducted by a state or local health 36
department of the farm or the food to be consumed, except as 37
otherwise provided in subsection 1. 38
3. [A] Except as otherwise provided in subsection 4, a farm 39
which holds more than [two] four events in any month that would 40
otherwise qualify as farm-to-fork events becomes a food 41
establishment for the remainder of that calendar year subject to all 42
of the requirements of this chapter and any regulations adopted 43
pursuant thereto concerning food establishments. 44
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4. The Director of the Department may provide an exemption 1
from the requirements of subsection 3 to a farm which holds more 2
than four events during a harvest or holiday season. 3
5. As used in this section: 4
(a) “Game animal” means an animal, the products of which 5
are food, that is not classified as livestock, sheep, swine, goat, 6
horse, mule or other equine, or as poultry or fish. The term 7
includes mammals, including, without limitation, reindeer, elk, 8
deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, 9
raccoon, nutria or muskrat, and nonaquatic reptiles such as land 10
snakes. 11
(b) “Livestock” has the meaning ascribed to it in NRS 583.325. 12
Sec. 25. NRS 446.869 is hereby amended to read as follows: 13
446.869 1. A farm that wishes to hold farm-to-fork events 14
must register with the [health authority] Department by submitting 15
such information as the [health authority] Department deems 16
appropriate, including, without limitation: 17
(a) The name, address and contact information of the owner of 18
the farm; 19
(b) The name under which the farm operates; [and] 20
(c) The address of the farm [.] ; and 21
(d) The annual revenue of the farm for the immediately 22
preceding calendar year. 23
2. [The health authority] Except as otherwise provided in this 24
subsection, the Department may charge a fee for the registration of 25
a farm pursuant to this section in an amount not to exceed the actual 26
cost of the [health authority] Department to establish and maintain 27
[a] the registry [of farms holding farm-to-fork events.] required 28
pursuant to subsection 5. The Department shall not charge a fee 29
for the registration of a farm when the annual revenue of the farm 30
for the immediately preceding calendar year was less than 31
$100,000. 32
3. The [health authority] Department shall not inspect a farm 33
that holds a farm-to-fork event, except as otherwise provided in 34
subsection 3 of NRS 446.868 and except that the [health authority] 35
Department may inspect a farm following a farm-to-fork event to 36
investigate a food item that may be deemed to be adulterated 37
pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or 38
suspected outbreak of illness known or suspected to be caused by a 39
contaminated food item served at the farm-to-fork event. A farm 40
shall cooperate with the [health authority] Department in any such 41
inspection. 42
4. If, as a result of an inspection conducted pursuant to 43
subsection 3, the [health authority] Department determines that the 44
farm has produced an adulterated food item or was the source of an 45
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outbreak of illness caused by a contaminated food item, the [health 1
authority] Department may charge and collect from the farm a fee 2
in an amount not to exceed the actual cost of the health authority to 3
conduct the investigation. 4
5. The Department shall maintain a registry of farms holding 5
farm-to-fork events that are registered with the Department 6
pursuant to subsection 1. The registry must include, without 7
limitation, the name under which the farm operates. 8
Sec. 26. NRS 597.7629 is hereby amended to read as follows: 9
597.7629 1. “Food dispensing establishment” means a food 10
establishment or a cottage food operation that prepares and serves 11
food intended for immediate consumption. The term includes, 12
without limitation, a restaurant. The term does not include a 13
convenience store or a grocery store. 14
2. As used in this section: 15
(a) “Convenience store” has the meaning ascribed to it in 16
NRS 597.225. 17
(b) “Cottage food operation” has the meaning ascribed to it in 18
section 14 of this act. 19
(c) “Food establishment” has the meaning ascribed to it in 20
NRS 446.020. 21
[(c)] (d) “Grocery store” has the meaning ascribed to it in 22
NRS 597.225. 23
Sec. 27. The regulations adopted by the State Department of 24
Agriculture which are codified as NAC 587.840 to 587.848, 25
inclusive, are hereby declared void. In preparing supplements to the 26
Nevada Administrative Code on or after July 1, 2026, the 27
Legislative Counsel shall remove those regulations. 28
Sec. 28. NRS 446.866, 587.691, 587.692, 587.693, 587.694, 29
587.6945, 587.695, 587.696, 587.697, 587.698 and 587.699 are 30
hereby repealed. 31
Sec. 29. 1. This section becomes effective upon passage and 32
approval. 33
2. Sections 1 to 28, inclusive, of this act become effective: 34
(a) Upon passage and approval for the purpose of adopting any 35
regulations and performing any other preparatory administrative 36
tasks that are necessary to carry out the provisions of this act; and 37
(b) On July 1, 2026, for all other purposes. 38
3. Sections 7, 8, 15 and 16 of this act expire by limitation on 39
the date on which the provisions of 42 U.S.C. § 666 requiring each 40
state to establish procedures under which the state has authority to 41
withhold or suspend, or to restrict the use of professional, 42
occupational and recreational licenses of persons who: 43
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(a) Have failed to comply with a subpoena or warrant relating to 1
a proceeding to determine the paternity of a child or to establish or 2
enforce an obligation for the support of a child; or 3
(b) Are in arrears in the payment for the support of one or more 4
children, 5
are repealed by the Congress of the United States. 6
LEADLINES OF REPEALED SECTIONS
446.866 Exemption from certain requirements; certain
local governing bodies prevented from prohibiting cottage food
operations; registration; fee; inspection.
587.691 Definitions.
587.692 “Acidified foods” defined.
587.693 “Craft food operation” defined.
587.694 “Health authority” defined.
587.6945 Conditions under which craft food operation not
regulated as food establishment; local governing bodies
prevented from prohibiting craft food operations.
587.695 Requirements for production of acidified food by
craft food operation.
587.696 Registration to produce acidified foods:
Requirements and qualifications; period of validity; renewal;
provision of updates and information by Department to
registrants; inspections; fees.
587.697 Payment of child support: Statement by applicant
for registration; grounds for denial of registration; duty of
Department.
587.698 Suspension of registration for failure to pay child
support or comply with certain subpoenas or warrants;
reinstatement of registration.
587.699 Regulations.
H