REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT
(§§ 7, 16, 21.2 & NRS 587.696)
(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT A.B. 352
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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 certain
provisions governing craft food operations; 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; 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
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the term “cosmetic.” Sections 5 and 6 of this bill define certain other terms relating 12
to cottage cosmetics operations. Section 2 of this bill applies these definitions to 13
the provisions of sections 2-11.5 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 also requires the Department to maintain a 23
registry of each person who holds an active license to conduct a cottage cosmetics 24
establishment. Section 10 requires the Director of the Department to adopt certain 25
regulations governing cottage cosmetics operations. 26
Section 11 of this bill authorizes the Director to impose a civil penalty of not 27
more than $500 for a violation of the provisions of sections 2-11.5. Section 21 of 28
this bill provides that the civil penalty is an exception to the criminal penalties 29
imposed for other violations of the provisions relating to food, drugs and cosmetics. 30
Section 11.5: (1) prohibits certain entities from adopting an ordinance or other 31
regulation that prohibits a natural person from operating a cottage cosmetics 32
operation; and (2) provides that the provisions of sections 2-11.5 do not prohibit 33
certain entities from regulating the time, place or manner of a cottage cosmetics 34
operation, provided that such regulations do not unreasonably restrict or prohibit a 35
person from conducting a cottage cosmetics operation. 36
Existing law sets forth certain requirements for a food establishment that 37
prepares food intended for human consumption. (NRS 446.0145-446.945) Existing 38
law exempts a cottage food operation from such requirements and requires a person 39
who wishes to conduct a cottage food operation to register with a certain health 40
authority. (NRS 446.866) Section 16 of this bill instead requires a person who 41
wishes to conduct a cottage food operation to apply to the Department for a license 42
to conduct a cottage food operation. Sections 14-16 of this bill revise and 43
reorganize the existing provisions governing cottage food operations into new 44
sections of the Nevada Revised Statutes. Section 28 of this bill repeals an existing 45
provision governing cottage food operations made redundant by section 16. 46
Section 14 revises the definition of “cottage food operation” to apply to a natural 47
person who manufactures or prepares food items in his or her private home or in a 48
kitchen that is not otherwise required by law to be inspected for the purposes of 49
preparing a food item, for sale and whose gross sales of such food items are not 50
more than $100,000 per calendar year. Section 15 revises the definition of “food 51
item” to include, certain food items. 52
Additionally, section 16 authorizes a cottage food operation to: (1) sell food 53
items via a transaction by telephone or via the Internet; and (2) fulfill a transaction 54
in person, by mail or through a food delivery service platform. Section 26 of this 55
bill makes a cottage food operation a “food dispensing establishment,” thereby 56
applying the provisions governing the food delivery service platforms to the 57
delivery of food items from a cottage food operation. Section 16 authorizes the 58
Department to charge certain fees for the issuance and renewal of a license to 59
conduct a cottage food operation. Section 16 further requires the Department to 60
maintain a registry of each person who holds an active license to conduct a cottage 61
food operation. Section 19 of this bill requires the Director of the Department to 62
adopt certain regulations governing cottage food operations. 63
Section 19.5 of this bill: (1) prohibits certain entities from adopting an 64
ordinance or other regulation that prohibits a person from preparing food in a 65
cottage operation; and (2) provides that the provisions of sections 12-19.5 do not 66
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prohibit certain entities from regulating the time, place or manner of a cottage food 67
operation, provided that such regulations do not unreasonably restrict or prohibit a 68
person from conducting a cottage food operation. 69
Section 23 of this bill revises the definition of “food establishment” to reflect 70
the reorganization of provisions governing cottage food operations. 71
Existing federal law requires each state to adopt procedures to ensure that 72
applicants for certain licenses and certificates comply with child support 73
obligations. (42 U.S.C. § 666) Sections 8, 9, 17 and 18 enact such procedures as 74
applicable to an applicant for a license to conduct a cottage cosmetics operation and 75
an applicant for a license to conduct a cottage food operation in order to comply 76
with federal law. 77
Existing law provides that the penalty for a violation of any provision of 78
existing law relating to agricultural products and seeds is a civil penalty of not more 79
than $500 for each violation. (NRS 587.900) This penalty applies to sections 12-80
19.5 of this bill. 81
Existing law exempts a farm from certain provisions governing food 82
establishments for the purposes of holding a farm-to-fork event under certain 83
conditions. (NRS 446.868) Section 24 of this bill authorizes a farm holding such an 84
event to serve certain food items provided that: (1) any livestock or game animal 85
that is served at the event is butchered and processed on the farm in accordance 86
with certain provisions of law or was inspected and approved under a certain 87
inspection program; and (2) certain other food items served at the farm-to-fork 88
event are sourced from certain facilities or was inspected and approved under a 89
certain inspection program. Section 24 also exempts: (1) a farm from certain 90
provisions governing food establishments provided that the farm holds four events 91
or less in a month; and (2) a farm that holds more than four events during a harvest 92
or holiday season from such provisions. Section 25 of this bill prohibits the 93
Department from charging a fee for the registration of a farm to hold farm-to-fork 94
events when the annual revenue of the farm for the preceding calendar year was 95
less than $100,000. 96
Existing law sets forth certain requirements for a craft food operation in which 97
a person manufactures or prepares acidified foods in certain kitchens and whose 98
gross sales of such foods are not more than $35,000 per calendar year and 99
authorizes the Department to adopt certain regulations governing such operations. 100
(NRS 587.691-587.699) Section 21.2 of this bill increases the amount of gross 101
sales that a craft food operation may have to not more than $100,000 per calendar 102
year. 103
Section 21.4 of this bill authorizes a craft food operation to sell acidified foods 104
in a transaction by telephone or via the Internet and requires that the sale be 105
fulfilled in person. Section 21.6 of this bill eliminates the requirements that an 106
acidified food be produced by a person who: (1) maintains a log and supporting 107
documentation concerning the canning date for each batch of acidified foods 108
produced by the person; and (2) uses only certain canning recipes. Section 21.8 of 109
this bill eliminates the authority of the Department to charge a fee to a person who 110
produces acidified food for a course of training and an examination. 111
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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 19.5, inclusive of this 2
act. 3
Sec. 2. As used in sections 2 to 11.5, 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” means: 8
1. Bath preparations, including, without limitation, oils, 9
tablets, salts, bubble baths and bath capsules; 10
2. Fragrance preparations, including, without limitation, 11
colognes, perfumes and powders; 12
3. Noncoloring hair preparations, including, without 13
limitation, conditioners, rinses and shampoos; 14
4. Personal cleanliness preparations, including, without 15
limitation, bath soaps, body washes and deodorants; and 16
5. Skin care preparations for the body and hands, including, 17
without limitation, lotions, salves, balms and skin fresheners. 18
Sec. 4. “Cottage cosmetics operation”: 19
1. Means a natural person: 20
(a) Who manufactures or prepares cosmetics in his or her 21
private home or in a kitchen that is not otherwise required by law 22
to be inspected for the purposes of preparing a cosmetic, for sale 23
to a natural person; and 24
(b) Whose gross sales of such cosmetics are not more than 25
$100,000 per year. 26
2. The term does not include an operation that engages in the 27
manufacturing or processing of any of the products described in 28
21 U.S.C. § 364h(b). 29
Sec. 5. “Department” means the State Department of 30
Agriculture. 31
Sec. 6. “Director” means the Director of the Department. 32
Sec. 7. 1. A person shall not conduct a cottage cosmetics 33
operation unless the person holds a license issued pursuant to 34
subsection 2. 35
2. A natural person who wishes to obtain a license to conduct 36
a cottage cosmetics operation must submit to the Department an 37
application on a form prescribed by the Director. The application 38
must include, without limitation: 39
(a) The name, address and contact information of the natural 40
person conducting the cottage cosmetics operation; and 41
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(b) If the cottage cosmetics operation sells cosmetics under a 1
name other than the name of the natural person who conducts the 2
cottage cosmetics operation, the name under which the cottage 3
cosmetics operation sells cosmetics. 4
3. The Department may charge a fee for the issuance or 5
renewal of a license to conduct a cottage cosmetics operation 6
pursuant to subsection 2 in an amount not to exceed the actual 7
cost of the Department to issue or renew a license and maintain 8
the registry required by subsection 6. 9
4. The Department may inspect a cottage cosmetics operation 10
only to investigate a cosmetic that may be deemed to be 11
adulterated or misbranded pursuant to NRS 585.500 and 585.510, 12
or an outbreak or suspected outbreak of illness known or 13
suspected to be caused by an adulterated cosmetic. The cottage 14
cosmetics operation shall cooperate with the Department in any 15
such inspection. If, as a result of such an inspection, the 16
Department determines that the cottage cosmetics operation has 17
produced an adulterated or misbranded cosmetic or was the 18
source of an outbreak caused by a contaminated cosmetic, the 19
Department may charge and collect from the cottage cosmetics 20
operation a fee in an amount that does not exceed the actual cost 21
of the Department to conduct the investigation. 22
5. The Department shall maintain a registry of each natural 23
person who holds an active license to conduct a cottage cosmetics 24
operation. The registry must include, without limitation, the name 25
under which the cottage cosmetics operation sells cosmetics. 26
Sec. 8. 1. In addition to any other requirements set forth in 27
sections 2 to 11.5, inclusive, of this act, an applicant for a license 28
or the renewal of a license to conduct a cottage cosmetics 29
operation shall: 30
(a) Include the social security number of the applicant in the 31
application submitted to the Department pursuant to section 7 of 32
this act. 33
(b) Submit to the Department the statement prescribed by the 34
Division of Welfare and Supportive Services of the Department of 35
Health and Human Services pursuant to NRS 425.520. The 36
statement must be completed and signed by the applicant. 37
2. The Department shall include the statement required 38
pursuant to subsection 1 in: 39
(a) The application or any other forms that must be submitted 40
for the issuance or renewal of the license; or 41
(b) A separate form prescribed by the Department. 42
3. A license to conduct a cottage cosmetics operation may not 43
be issued or renewed by the Department if the applicant: 44
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(a) Fails to submit the statement required pursuant to 1
subsection 1; or 2
(b) Indicates on the statement submitted pursuant to 3
subsection 1 that the applicant is subject to a court order for the 4
support of a child and is not in compliance with the order or a 5
plan approved by the district attorney or other public agency 6
enforcing the order for the repayment of the amount owed 7
pursuant to the order. 8
4. If an applicant indicates on the statement submitted 9
pursuant to subsection 1 that the applicant is subject to a court 10
order for the support of a child and is not in compliance with the 11
order or a plan approved by the district attorney or other public 12
agency enforcing the order for the repayment of the amount owed 13
pursuant to the order, the Department shall advise the applicant to 14
contact the district attorney or other public agency enforcing the 15
order to determine the actions that the applicant may take to 16
satisfy the arrearage. 17
Sec. 9. 1. If the Department receives a copy of a court 18
order issued pursuant to NRS 425.540 that provides for the 19
suspension of all professional, occupational and recreational 20
licenses, certificates and permits issued to a person who is licensed 21
to conduct a cottage cosmetics operation, the Department shall 22
deem the license of that person to be suspended at the end of the 23
30th day after the date on which the court order was issued unless 24
the Department receives a letter issued to the licensee by the 25
district attorney or other public agency pursuant to NRS 425.550 26
stating that the licensee has complied with the subpoena or 27
warrant or has satisfied the arrearage pursuant to NRS 425.560. 28
2. The Department shall reinstate a license that has been 29
suspended by a district court pursuant to NRS 425.540 if the 30
Department receives a letter issued by the district attorney or other 31
public agency pursuant to NRS 425.550 to the person whose 32
license was suspended stating that the person whose license was 33
suspended has complied with the subpoena or warrant or has 34
satisfied the arrearage pursuant to NRS 425.560. 35
Sec. 10. The Director shall adopt regulations to carry out the 36
provisions of sections 2 to 11.5, inclusive, of this act, including, 37
without limitation, regulations prescribing requirements for a 38
person to obtain a license to conduct a cottage cosmetics 39
operation. 40
Sec. 11. The Director may, after notice and an opportunity 41
for a hearing, impose a civil penalty of not more than $500 for 42
each violation of sections 2 to 11.5, inclusive, of this act. 43
Sec. 11.5. 1. No local zoning board, planning commission 44
or governing body of an unincorporated town, incorporated city or 45
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county may adopt an ordinance or other regulation that prohibits 1
a natural person from operating a cottage cosmetics operation. 2
2. Nothing in the provisions of sections 2 to 11.5, inclusive, of 3
this act, shall be construed to prohibit a local zoning board, 4
planning commission or governing body of an unincorporated 5
town, incorporated city or county from adopting an ordinance or 6
regulation that regulates the time, place or manner of a cottage 7
cosmetics operation, provided that such an ordinance or 8
regulation does not unreasonably restrict or prohibit a natural 9
person from conducting a cottage cosmetics operation. 10
Sec. 12. As used in sections 12 to 19.5, inclusive, of this act, 11
unless the context otherwise requires, the words and terms defined 12
in sections 14 and 15 of this act have the meanings ascribed to 13
them in those sections. 14
Sec. 13. (Deleted by amendment.) 15
Sec. 14. “Cottage food operation” means a natural person: 16
1. Who manufactures or prepares food items in his or her 17
private home or in a kitchen that is not otherwise required by law 18
to be inspected for the purposes of preparing a food item, for sale 19
to a natural person for consumption; and 20
2. Whose gross sales of such food items are not more than 21
$100,000 per calendar year. 22
Sec. 15. “Food item” means: 23
1. Nuts and nut mixes; 24
2. Candies; 25
3. Jams, jellies and preserves; 26
4. Dry herbs, seasoning mixes and teas; 27
5. Dried fruits and vegetables; 28
6. Cereals, trail mixes and granola; 29
7. Popcorn and popcorn balls; or 30
8. Baked goods that: 31
(a) Are not potentially hazardous foods; 32
(b) Do not contain cream, uncooked egg, custard meringue or 33
cream cheese frosting or garnishes; and 34
(c) Do not require time or temperature controls for food safety. 35
Sec. 16. 1. A cottage food operation which manufactures or 36
prepares a food item by any manner or means whatever for sale, 37
or which offers or displays a food item for sale, is not a “food 38
establishment” pursuant to paragraph (i) of subsection 2 of NRS 39
446.020 if each such food item is: 40
(a) Sold on the private property of the natural person who 41
manufactures or prepares the food item or at a location where the 42
natural person who manufactures or prepares the food item sells 43
the food item directly to a consumer, including, without limitation, 44
a farmers’ market licensed pursuant to chapter 244 or 268 of 45
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NRS, flea market, swap meet, church bazaar, garage sale or craft 1
fair, by means of an in-person transaction or a transaction by 2
telephone or via the Internet. A sale made pursuant to this 3
paragraph may be fulfilled in person, by mail or through a food 4
delivery service platform, as defined in NRS 597.7627. 5
(b) Sold to a natural person for his or her consumption and 6
not for resale. 7
(c) Affixed with a label which complies with the federal 8
labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. 9
Part 317 and 21 C.F.R. Part 101. 10
(d) Labeled with “MADE IN A COTTAGE FOOD 11
OPERATION THAT IS NOT SUBJECT TO GOVERNMENT 12
FOOD SAFETY INSPECTION” printed prominently on the label 13
for the food item. 14
(e) Prepackaged in a manner that protects the food item from 15
contamination during transport, display, sale and acquisition by 16
consumers. 17
(f) Prepared and processed in the kitchen of the private home 18
of the natural person who manufactures or prepares the food item 19
or, if allowed by the Department, in a kitchen that is not otherwise 20
required by law to be inspected for the purposes of preparing a 21
food item. 22
2. A person shall not conduct a cottage food operation unless 23
the person holds a license issued pursuant to subsection 3. 24
3. A natural person who wishes to obtain a license to conduct 25
a cottage food operation must submit to the Department an 26
application on a form prescribed by the Director. The application 27
must include, without limitation: 28
(a) The name, address and contact information of the natural 29
person conducting the cottage food operation; and 30
(b) If the cottage cosmetics operation sells food items under a 31
name other than the name of the natural person who conducts the 32
cottage food operation, the name under which the cottage food 33
operation sells food items. 34
4. The Department may charge a fee for the issuance or 35
renewal of a license to conduct a cottage food operation pursuant 36
to subsection 3 in an amount not to exceed the actual cost of the 37
Department to issue and renew a license and maintain the registry 38
required by subsection 6. 39
5. The Department may inspect a cottage food operation only 40
to investigate a food item that may be deemed to be adulterated or 41
misbranded pursuant to NRS 585.300 to 585.360, inclusive, or an 42
outbreak or suspected outbreak of illness known or suspected to be 43
caused by a contaminated food item. The cottage food operation 44
shall cooperate with the Department in any such inspection. If, as 45
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a result of such inspection, the Department determines that the 1
cottage food operation has produced an adulterated food item or 2
was the source of an outbreak of illness caused by a contaminated 3
food item, the Department may charge and collect from the 4
cottage food operation a fee in an amount that does not exceed the 5
actual cost of the Department to conduct the investigation. 6
6. The Department shall maintain a registry of each natural 7
person who holds an active license to conduct a cottage food 8
operation. The registry must include, without limitation, the name 9
under which the cottage food operation sells food items. 10
Sec. 17. 1. In addition to any other requirements set forth 11
in sections 12 to 19.5, inclusive, of this act, an applicant for a 12
license or the renewal of a license to conduct a cottage food 13
operation shall: 14
(a) Include the social security number of the applicant in the 15
application submitted to the Department pursuant to section 16 of 16
this act. 17
(b) Submit to the Department the statement prescribed by the 18
Division of Welfare and Supportive Services of the Department of 19
Health and Human Services pursuant to NRS 425.520. The 20
statement must be completed and signed by the applicant. 21
2. The Department shall include the statement required 22
pursuant to subsection 1 in: 23
(a) The application or any other forms that must be submitted 24
for the issuance or renewal of the license; or 25
(b) A separate form prescribed by the Department. 26
3. A license to conduct a cottage food operation may not be 27
issued or renewed by the Department if the applicant: 28
(a) Fails to submit the statement required pursuant to 29
subsection 1; or 30
(b) Indicates on the statement submitted pursuant to 31
subsection 1 that the applicant is subject to a court order for the 32
support of a child and is not in compliance with the order or a 33
plan approved by the district attorney or other public agency 34
enforcing the order for the repayment of the amount owed 35
pursuant to the order. 36
4. If an applicant indicates on the statement submitted 37
pursuant to subsection 1 that the applicant is subject to a court 38
order for the support of a child and is not in compliance with the 39
order or a plan approved by the district attorney or other public 40
agency enforcing the order for the repayment of the amount owed 41
pursuant to the order, the Department shall advise the applicant to 42
contact the district attorney or other public agency enforcing the 43
order to determine the actions that the applicant may take to 44
satisfy the arrearage. 45
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Sec. 18. 1. If the Department receives a copy of a court 1
order issued pursuant to NRS 425.540 that provides for the 2
suspension of all professional, occupational and recreational 3
licenses, certificates and permits issued to a person who is licensed 4
to conduct a cottage food operation, the Department shall deem 5
the license of that person to be suspended at the end of the 30th 6
day after the date on which the court order was issued unless the 7
Department receives a letter issued to the licensee by the district 8
attorney or other public agency pursuant to NRS 425.550 stating 9
that the licensee has complied with the subpoena or warrant or 10
has satisfied the arrearage pursuant to NRS 425.560. 11
2. The Department shall reinstate a license that has been 12
suspended by a district court pursuant to NRS 425.540 if the 13
Department receives a letter issued by the district attorney or other 14
public agency pursuant to NRS 425.550 to the person whose 15
license was suspended stating that the person whose license was 16
suspended has complied with the subpoena or warrant or has 17
satisfied the arrearage pursuant to NRS 425.560. 18
Sec. 19. The Director shall adopt regulations necessary to 19
carry out the provisions of sections 12 to 19.5, inclusive, of this 20
act, including, without limitation, regulations prescribing 21
requirements for a person to obtain a license to conduct a cottage 22
food operation. 23
Sec. 19.5. 1. No local zoning board, planning commission 24
or governing body of an unincorporated town, incorporated city or 25
county may adopt an ordinance or other regulation that prohibits 26
a natural person from operating a cottage food operation. 27
2. Nothing in the provisions of sections 12 to 19.5, inclusive, 28
of this act, shall be construed to prohibit a local zoning board, 29
planning commission or governing body of an unincorporated 30
town, incorporated city or county from adopting an ordinance or 31
regulation that regulates the time, place or manner of a cottage 32
food operation, provided that such an ordinance or regulation 33
does not unreasonably restrict or prohibit a natural person from 34
conducting a cottage food operation. 35
Sec. 20. NRS 585.245 is hereby amended to read as follows: 36
585.245 1. The Commissioner shall adopt regulations for the 37
licensing of every person who manufactures, compounds, processes 38
or packages drugs, devices or cosmetics in a factory, warehouse, 39
laboratory or other location in this State. The regulations must set 40
forth the requirements for issuance and renewal of a license. Only a 41
person who complies with the requirements of this chapter is 42
entitled to a license. A license is not transferable from person to 43
person or from place to place. The regulations must prescribe the 44
length of term for which a license is issued and must set forth 45
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grounds and procedures for the revocation, suspension or 1
nonrenewal of a license. 2
2. A valid license is required for the manufacturing, 3
compounding, processing or packaging of drugs, devices or 4
cosmetics in any factory, warehouse, laboratory or other location in 5
this State. Licensed pharmacies compounding or packaging 6
prescriptions are exempt from this provision. 7
3. The Commissioner shall establish and collect fees for the 8
purpose of paying the costs of inspecting, testing and other functions 9
required under the provisions of this chapter with respect to any 10
drug, device or cosmetic. Failure to pay any fee imposed pursuant to 11
this subsection is a ground for revocation, suspension or nonrenewal 12
of a license. All such fees collected by the Commissioner must be 13
deposited with the State Treasurer for credit to the State General 14
Fund. 15
4. As a condition for entertaining the application of any 16
applicant for any license authorized under this chapter, and as a 17
further condition for the issuance of any such license, the 18
Commissioner or the Commissioner’s authorized agent is entitled to 19
free access at all reasonable hours to any factory, warehouse or 20
other location in which drugs, devices or cosmetics are 21
manufactured, compounded, processed or packaged or held for 22
introduction into commerce, and may enter any vehicle being used 23
to transport or hold such drugs, devices or cosmetics in commerce, 24
for the purposes of: 25
(a) Inspecting the factory, warehouse, other location or vehicle 26
to determine whether any of the provisions of this chapter is being 27
violated; and 28
(b) Securing samples or specimens of any drug, device or 29
cosmetic after paying or offering to pay therefor. 30
5. The Commissioner shall make, or cause to be made, 31
examinations of samples and specimens secured under the 32
provisions of this section to determine whether any of the provisions 33
of this chapter is being violated. 34
6. A cottage cosmetics operation subject to the requirements 35
of sections 2 to 11.5, inclusive, of this act, is exempt from the 36
provisions of this section. 37
Sec. 21. NRS 585.550 is hereby amended to read as follows: 38
585.550 1. A person who manufactures, compounds, 39
processes or packages any drug in a factory, warehouse, laboratory 40
or other location in this state without a license required by NRS 41
585.245 is guilty of a category D felony and shall be punished as 42
provided in NRS 193.130. 43
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2. [A] Except as otherwise provided in section 11 of this act, a 1
person who violates any other provision of this chapter is guilty of a 2
gross misdemeanor. 3
Sec. 21.2. NRS 587.693 is hereby amended to read as follows: 4
587.693 “Craft food operation” means a natural person who 5
manufactures or prepares acidified foods in his or her private home 6
or, if allowed by the health authority, in the kitchen of a fraternal or 7
social clubhouse, a school or a religious, charitable or other 8
nonprofit organization, for sale to a natural person for consumption, 9
and whose gross sales of such foods are not more than [$35,000] 10
$100,000 per calendar year. 11
Sec. 21.4. NRS 587.6945 is hereby amended to read as 12
follows: 13
587.6945 1. A craft food operation which manufactures or 14
prepares a food item by any manner or means whatever for sale, or 15
which offers or displays a food item for sale, is not a “food 16
establishment” pursuant to paragraph (j) of subsection 2 of NRS 17
446.020 if each such food item is: 18
(a) Sold on the private property of the natural person who 19
manufactures or prepares the food item or at a location where the 20
natural person who manufactures or prepares the food item sells the 21
food item directly to a consumer, including, without limitation, a 22
farmers’ market licensed pursuant to chapter 244 or 268 of NRS, 23
flea market, swap meet, church bazaar, garage sale or craft fair, by 24
means of an in-person transaction [that does not involve selling the 25
food item] or a transaction by telephone or via the Internet . [;] A 26
sale made pursuant to this paragraph must be fulfilled in person. 27
(b) Sold to a natural person for his or her consumption and not 28
for resale . [;] 29
(c) Affixed with a label which complies with the federal labeling 30
requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 31
and 21 C.F.R. Part 101 . [;] 32
(d) Labeled with: 33
(1) The date the food item was produced . [; and] 34
(2) “MADE IN A CRAFT FOOD OPERATION THAT IS 35
NOT SUBJECT TO GOVERNME NT FOOD SAFETY 36
INSPECTION” printed prominently on the label for the food item . 37
[;] 38
(e) Prepackaged in a manner that protects the food item from 39
contamination during transport, display, sale and acquisition by 40
consumers . [; and] 41
(f) Prepared and processed in the kitchen of the private home of 42
the natural person who manufactures or prepares the food item or, if 43
allowed by the health authority, in the kitchen of a fraternal or social 44
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clubhouse, a school or a religious, charitable or other nonprofit 1
organization. 2
2. No local zoning board, planning commission or governing 3
body of an unincorporated town, incorporated city or county may 4
adopt any ordinance or other regulation that prohibits a natural 5
person from preparing food in a craft food operation. 6
3. As used in this section, “food item” means acidified foods 7
produced by a person who meets the requirements of NRS 587.695 8
to 587.699, inclusive. 9
Sec. 21.6. NRS 587.695 is hereby amended to read as follows: 10
587.695 For the purposes of a craft food operation, an acidified 11
food must be produced by a person who: 12
1. Complies with the requirements of NRS 587.6945; 13
2. Is registered pursuant to NRS 587.696; 14
3. Maintains a log and supporting documentation for not less 15
than 5 years which must include: 16
(a) The name of each acidified food produced; 17
(b) The recipe for each acidified food produced, including, 18
without limitation, the ingredients and the process used in 19
preparation of the acidified food; and 20
(c) [The canning date of each batch produced; and 21
(d)] The results of the pH test for each batch produced; and 22
4. For the purposes of paragraph [(d)] (c) of subsection 3, uses 23
a pH test meter that meets the requirements of the regulations 24
adopted by the State Department of Agriculture . [; and 25
5. Uses only canning recipes that have been approved by, or 26
included in publications approved by, the State Department of 27
Agriculture.] 28
Sec. 21.8. NRS 587.696 is hereby amended to read as follows: 29
587.696 1. The Department shall register a person who 30
produces acidified foods if the person: 31
(a) Completes a course of training in basic food safety and the 32
preparation and canning of acidified foods which has been approved 33
by the Department; 34
(b) Passes an examination on the preparation of acidified foods 35
which has been approved by the Department; 36
(c) Pays the registration fee prescribed by the Department; and 37
(d) Provides the Department with such information as the 38
Department deems appropriate, including, without limitation: 39
(1) The name, address and contact information of the natural 40
person who is producing the acidified foods; and 41
(2) If the acidified foods are sold under a name other than 42
that of the natural person who produces the acidified foods, the 43
name under which the natural person sells the acidified foods. 44
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2. A registration that is issued or otherwise recorded pursuant 1
to subsection 1 is valid for 3 years after the date of initial 2
registration and may be renewed pursuant to the provisions of 3
subsection 3. 4
3. The Department shall renew a registration that is issued or 5
otherwise recorded pursuant to subsection 1 every 3 years if the 6
person: 7
(a) Provides proof satisfactory to the Department that the person 8
has complied with the requirements of NRS 587.695; 9
(b) Completes a course of training in basic food safety and the 10
preparation and canning of acidified foods which has been approved 11
by the Department; 12
(c) Passes an examination on the preparation of acidified foods 13
which has been approved by the Department; 14
(d) Pays the renewal fee prescribed by the Department; and 15
(e) Provides the Department with any such information as the 16
Department deems appropriate. 17
4. The Department shall provide to each person registered to 18
produce acidified foods pursuant to this section: 19
(a) Periodic updates on, without limitation, the testing and 20
preparation of acidified foods; and 21
(b) Information about workshops or other training opportunities 22
related to the safe production of acidified foods. 23
5. The Department may inspect the premises of a person 24
registered to produce acidified foods pursuant to this section only to 25
investigate a food item that may be deemed to be adulterated 26
pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or 27
suspected outbreak of illness known or suspected to be caused by a 28
contaminated food item. The producer of acidified foods shall 29
cooperate with the Department in any such inspection. If, as a result 30
of such an inspection, the Department determines that the producer 31
of acidified foods has produced an adulterated food item or was the 32
source of an outbreak of illness caused by a contaminated food item, 33
the Department may charge and collect from the producer of 34
acidified foods a fee in an amount that does not exceed the actual 35
cost to the Department to conduct the investigation. 36
6. The Department may charge a reasonable fee for: 37
(a) Registration pursuant to subsection 1; 38
(b) Renewal of a registration pursuant to subsection 3; and 39
(c) [A course of training pursuant to subsections 1 and 3; 40
(d) An examination pursuant to subsections 1 and 3; and 41
(e)] An investigation conducted pursuant to subsection 5. 42
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Sec. 22. Chapter 446 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
As used in this section and NRS 446.868 and 446.869, unless 3
the context otherwise requires, “Department” means the State 4
Department of Agriculture. 5
Sec. 23. NRS 446.020 is hereby amended to read as follows: 6
446.020 1. Except as otherwise limited by subsection 2, 7
“food establishment” means any place, structure, premises, vehicle 8
or vessel, or any part thereof, in which any food intended for 9
ultimate human consumption is manufactured or prepared by any 10
manner or means whatever, or in which any food is sold, offered or 11
displayed for sale or served. 12
2. The term does not include: 13
(a) Private homes, unless the food prepared or manufactured in 14
the home is sold, or offered or displayed for sale or for 15
compensation or contractual consideration of any kind; 16
(b) Fraternal or social clubhouses at which attendance is limited 17
to members of the club; 18
(c) Vehicles operated by common carriers engaged in interstate 19
commerce; 20
(d) Any establishment in which religious, charitable and other 21
nonprofit organizations sell food occasionally to raise money or in 22
which charitable organizations receive salvaged food in bulk 23
quantities for free distribution, unless the establishment is open on a 24
regular basis to sell food to members of the general public; 25
(e) Any establishment where animals, including, without 26
limitation, mammals, fish and poultry, are slaughtered which is 27
regulated pursuant to chapter 583 of NRS; 28
(f) Dairy farms and plants which process milk and products of 29
milk or frozen desserts which are regulated under chapter 584 of 30
NRS; 31
(g) The premises of a wholesale dealer of alcoholic beverages 32
licensed under chapter 369 of NRS who handles only alcoholic 33
beverages which are in sealed containers; 34
(h) A facility that produces eggs which is regulated pursuant to 35
chapter 583 of NRS; 36
(i) A cottage food operation that meets the requirements of 37
[NRS 446.866] section 16 of this act with respect to food items as 38
defined in [that] section [;] 15 of this act; 39
(j) A craft food operation that meets the requirements of NRS 40
587.6945 with respect to food items as defined in that section; or 41
(k) A farm for purposes of holding a farm-to-fork event. 42
3. As used in this section, “poultry” has the meaning ascribed 43
to it in NRS 583.405. 44
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Sec. 24. NRS 446.868 is hereby amended to read as follows: 1
446.868 1. Except as otherwise provided in subsection 3, a 2
farm is not a “food establishment” for purposes of holding a farm-3
to-fork event provided that: 4
(a) Any poultry and meat from a rabbit that is served at the 5
farm-to-fork event is raised and prepared on the farm and is 6
butchered and processed on the farm pursuant to the requirements of 7
chapter 583 of NRS; [and] 8
(b) Any livestock or game animal that is served at the farm-to-9
fork event is butchered and processed on the farm pursuant to the 10
requirements of chapter 583 of NRS or was inspected and 11
approved under an inspection program administered by the United 12
States Department of Agriculture; and 13
(c) Any other food item that is served at the farm-to-fork event, 14
including, without limitation, salads, side dishes and desserts, are 15
prepared on the farm from ingredients that are substantially 16
produced on the farm [.] or sourced from a facility that satisfies the 17
requirements of chapter 583 of NRS or was inspected and 18
approved under an inspection program administered by the United 19
States Department of Agriculture. 20
2. A farm which holds a farm-to-fork event shall, before a 21
guest consumes any food, provide each guest with a notice which 22
states that no inspection was conducted by a state or local health 23
department of the farm or the food to be consumed, except as 24
otherwise provided in subsection 1. 25
3. [A] Except as otherwise provided in subsection 4, a farm 26
which holds more than [two] four events in any month that would 27
otherwise qualify as farm-to-fork events becomes a food 28
establishment for the remainder of that calendar year subject to all 29
of the requirements of this chapter and any regulations adopted 30
pursuant thereto concerning food establishments. 31
4. The Director of the Department may provide an exemption 32
from the requirements of subsection 3 to a farm which holds more 33
than four events during a harvest or holiday season. 34
5. As used in this section: 35
(a) “Game animal” means an animal, the products of which 36
are food, that is not classified as livestock, sheep, swine, goat, 37
horse, mule or other equine, or as poultry or fish. The term 38
includes mammals, including, without limitation, reindeer, elk, 39
deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, 40
raccoon, nutria or muskrat, and nonaquatic reptiles such as land 41
snakes. 42
(b) “Livestock” has the meaning ascribed to it in NRS 583.325. 43
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Sec. 25. NRS 446.869 is hereby amended to read as follows: 1
446.869 1. A farm that wishes to hold farm-to-fork events 2
must register with the [health authority] Department by submitting 3
such information as the [health authority] Department deems 4
appropriate, including, without limitation: 5
(a) The name, address and contact information of the owner of 6
the farm; 7
(b) The name under which the farm operates; [and] 8
(c) The address of the farm [.] ; and 9
(d) The annual revenue of the farm for the immediately 10
preceding calendar year. 11
2. [The health authority] Except as otherwise provided in this 12
subsection, the Department may charge a fee for the registration of 13
a farm pursuant to this section in an amount not to exceed the actual 14
cost of the [health authority] Department to establish and maintain 15
[a] the registry [of farms holding farm-to-fork events.] required 16
pursuant to subsection 5. The Department shall not charge a fee 17
for the registration of a farm when the annual revenue of the farm 18
for the immediately preceding calendar year was less than 19
$100,000. 20
3. The [health authority] Department shall not inspect a farm 21
that holds a farm-to-fork event, except as otherwise provided in 22
subsection 3 of NRS 446.868 and except that the [health authority] 23
Department may inspect a farm following a farm-to-fork event to 24
investigate a food item that may be deemed to be adulterated 25
pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or 26
suspected outbreak of illness known or suspected to be caused by a 27
contaminated food item served at the farm-to-fork event. A farm 28
shall cooperate with the [health authority] Department in any such 29
inspection. 30
4. If, as a result of an inspection conducted pursuant to 31
subsection 3, the [health authority] Department determines that the 32
farm has produced an adulterated food item or was the source of an 33
outbreak of illness caused by a contaminated food item, the [health 34
authority] Department may charge and collect from the farm a fee 35
in an amount not to exceed the actual cost of the health authority to 36
conduct the investigation. 37
5. The Department shall maintain a registry of farms holding 38
farm-to-fork events that are registered with the Department 39
pursuant to subsection 1. The registry must include, without 40
limitation, the name under which the farm operates. 41
Sec. 26. NRS 597.7629 is hereby amended to read as follows: 42
597.7629 1. “Food dispensing establishment” means a food 43
establishment or a cottage food operation that prepares and serves 44
food intended for immediate consumption. The term includes, 45
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- *AB352_R1*
without limitation, a restaurant. The term does not include a 1
convenience store or a grocery store. 2
2. As used in this section: 3
(a) “Convenience store” has the meaning ascribed to it in 4
NRS 597.225. 5
(b) “Cottage food operation” has the meaning ascribed to it in 6
section 14 of this act. 7
(c) “Food establishment” has the meaning ascribed to it in 8
NRS 446.020. 9
[(c)] (d) “Grocery store” has the meaning ascribed to it in 10
NRS 597.225. 11
Sec. 27. (Deleted by amendment.) 12
Sec. 28. NRS 446.866 is hereby repealed. 13
Sec. 29. 1. This section becomes effective upon passage and 14
approval. 15
2. Sections 1 to 28, inclusive, of this act become effective: 16
(a) Upon passage and approval for the purpose of adopting any 17
regulations and performing any other preparatory administrative 18
tasks that are necessary to carry out the provisions of this act; and 19
(b) On July 1, 2026, for all other purposes. 20
3. Sections 8, 9, 17 and 18 of this act expire by limitation on 21
the date on which the provisions of 42 U.S.C. § 666 requiring each 22
state to establish procedures under which the state has authority to 23
withhold or suspend, or to restrict the use of professional, 24
occupational and recreational licenses of persons who: 25
(a) Have failed to comply with a subpoena or warrant relating to 26
a proceeding to determine the paternity of a child or to establish or 27
enforce an obligation for the support of a child; or 28
(b) Are in arrears in the payment for the support of one or more 29
children, 30
are repealed by the Congress of the United States. 31
TEXT OF REPEALED SECTION
446.866 Exemption from certain requirements; certain
local governing bodies prevented from prohibiting cottage food
operations; registration; fee; inspection.
446.866 1. A cottage food operation which manufactures or
prepares a food item by any manner or means whatever for sale, or
which offers or displays a food item for sale, is not a “food
establishment” pursuant to paragraph (i) of subsection 2 of NRS
446.020 if each such food item is:
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- *AB352_R1*
(a) Sold on the private property of the natural person who
manufactures or prepares the food item or at a location where the
natural person who manufactures or prepares the food item sells the
food item directly to a consumer, including, without limitation, a
farmers’ market licensed pursuant to chapter 244 or 268 of NRS,
flea market, swap meet, church bazaar, garage sale or craft fair, by
means of an in-person transaction that does not involve selling the
food item by telephone or via the Internet;
(b) Sold to a natural person for his or her consumption and not
for resale;
(c) Affixed with a label which complies with the federal labeling
requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317
and 21 C.F.R. Part 101;
(d) Labeled with “MADE IN A COTTAGE FOOD
OPERATION THAT IS NOT SUBJECT TO GOVERNMENT
FOOD SAFETY INSPECTION” printed prominently on the label
for the food item;
(e) Prepackaged in a manner that protects the food item from
contamination during transport, display, sale and acquisition by
consumers; and
(f) Prepared and processed in the kitchen of the private home of
the natural person who manufactures or prepares the food item or, if
allowed by the health authority, in the kitchen of a fraternal or social
clubhouse, a school or a religious, charitable or other nonprofit
organization.
2. No local zoning board, planning commission or governing
body of an unincorporated town, incorporated city or county may
adopt any ordinance or other regulation that prohibits a natural
person from preparing food in a cottage food operation.
3. Each natural person who wishes to conduct a cottage food
operation must, before selling any food item, register the cottage
food operation with the health authority by submitting such
information as the health authority deems appropriate, including,
without limitation:
(a) The name, address and contact information of the natural
person conducting the cottage food operation; and
(b) If the cottage food operation sells food items under a name
other than the name of the natural person who conducts the cottage
food operation, the name under which the cottage food operation
sells food items.
4. The health authority may charge a fee for the registration of
a cottage food operation pursuant to subsection 3 in an amount not
to exceed the actual cost of the health authority to establish and
maintain a registry of cottage food operations.
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5. The health authority may inspect a cottage food operation
only to investigate a food item that may be deemed to be adulterated
pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or
suspected outbreak of illness known or suspected to be caused by a
contaminated food item. The cottage food operation shall cooperate
with the health authority in any such inspection. If, as a result of
such inspection, the health authority determines that the cottage
food operation has produced an adulterated food item or was the
source of an outbreak of illness caused by a contaminated food item,
the health authority may charge and collect from the cottage food
operation a fee in an amount that does not exceed the actual cost of
the health authority to conduct the investigation.
6. As used in this section:
(a) “Cottage food operation” means a natural person who
manufactures or prepares food items in his or her private home or, if
allowed by the health authority, in the kitchen of a fraternal or social
clubhouse, a school or a religious, charitable or other nonprofit
organization, for sale to a natural person for consumption and whose
gross sales of such food items are not more than $35,000 per
calendar year.
(b) “Food item” means:
(1) Nuts and nut mixes;
(2) Candies;
(3) Jams, jellies and preserves;
(4) Vinegar and flavored vinegar;
(5) Dry herbs and seasoning mixes;
(6) Dried fruits;
(7) Cereals, trail mixes and granola;
(8) Popcorn and popcorn balls; or
(9) Baked goods that:
(I) Are not potentially hazardous foods;
(II) Do not contain cream, uncooked egg, custard,
meringue or cream cheese frosting or garnishes; and
(III) Do not require time or temperature controls for food
safety.
H