S.B. 295
- *SB295*
SENATE BILL NO. 295–SENATORS DOÑATE AND FLORES
MARCH 6, 2025
____________
JOINT SPONSORS: ASSEMBLYMEMBERS GONZÁLEZ,
MOORE AND D’SILVA
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions related to food establishments.
(BDR 40-44)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
CONTAINS UNFUNDED MANDATE (§§ 7-9)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to food establishments; requiring certain local
boards of health to provide certain information and
outreach relating to sidewalk vendors; requiring certain
local boards of health to establish a task force relating to
sidewalk vendors; requiring certain local boards of health
to enter into certain agreements relating to conveyances;
revising provisions relating to cottage food operations to
exempt sidewalk vendors who sell certain food items;
exempting an establishment that sells or offers or displays
for sale certain foods from the definition of “food
establishment”; revising certain requirements which
certain local boards of health are required to adopt
relating to sidewalk vendors who sell food; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a local board of health in a county whose population is 1
100,000 or more (currently Clark and Washoe Counties) or a city in a county whose 2
population is 100,000 or more to adopt regulations governing sidewalk vendors of 3
food. (NRS 446.861) Sections 3-5 of this bill define certain terms relating to 4
sidewalk vendors. 5
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Section 7 of this bill requires a local board of health to: (1) develop and update 6
certain guidance documents explaining the requirements of existing regulations 7
adopted by the local board of health governing sidewalk vendors; (2) make certain 8
documents available on the Internet website of the local board of health in more 9
than one language; (3) conduct outreach regarding certain provisions of existing 10
regulations relating to sidewalk vendors; and (4) conduct workshops and 11
informational sessions relating to existing regulations governing sidewalk vendors. 12
Section 8 of this bill requires a local board of health to establish a task force to 13
advise the local board of health on issues relating to the regulation of sidewalk 14
vendors. 15
Section 6 of this bill limits the applicability of sections 7-9 to a local board of 16
health in a county whose population is 100,000 or more or a city in a county whose 17
population is 100,000 or more. 18
Section 13 of this bill requires a local board of health to adopt regulations 19
governing sidewalk vendors of food, including requirements relating to: (1) the 20
plans for the design of a conveyance and the types of conveyances that may be used 21
by a sidewalk vendor; (2) performing food preparation in certain kitchens; (3) the 22
use of sinks, water tanks and water heaters by a sidewalk vendor; and (4) the 23
storage of a conveyance in a private home. 24
Section 9 of this bill requires a local board of health to: (1) enter into contracts 25
and other legal agreements with manufacturers of conveyances to provide for the 26
purchase of a conveyance, the design of which complies with the plans approved by 27
the local board of health, by a person seeking to operate as a sidewalk vendor; and 28
(2) establish a process to preapprove such a person and preapprove certain food 29
items sold from such a conveyance. 30
Existing law defines the term “food establishment” for the purposes of existing 31
law relating to food establishments and sets forth certain exceptions from the 32
definition. (NRS 446.020) Section 12 of this bill exempts from the definition of 33
“food establishment” any establishment in which only whole produce or 34
prepackaged food which is not a potentially hazardous food is sold or offered or 35
displayed for sale and, as a result of this change, such an establishment is not 36
subject to the existing requirements governing food establishments. 37
Existing law provides that a cottage food operation that meets certain 38
requirements and sells certain food items, including nuts and nut mixes, candies, 39
jams, jellies and preserves and certain baked goods is not a food establishment and 40
is thus exempt from various requirements governing food establishments. (NRS 41
446.020, 446.866) Section 4 of this bill defines “cottage food operation” for the 42
purposes of this exemption to include a natural person who operates as a sidewalk 43
vendor and sells, prepares or manufactures food items for sale from a conveyance 44
to a natural person and whose gross sales of such food items are not more than 45
$35,000 per calendar year. 46
Section 10 of this bill provides that a cottage food operation is not a food 47
establishment for the purposes of existing law governing food establishments if the 48
food items sold by the cottage food operation meet certain requirements, including 49
that: (1) the food item must be sold from a conveyance and require no food 50
preparation or limited food preparation on the conveyance by the natural person 51
selling the food item; and (2) the food item must be prepared on the conveyance for 52
immediate service, prepackaged by the natural person for sale from the conveyance 53
or purchased prepackaged and sold in the original packaging from the conveyance. 54
Section 10 further sets forth the types of food items that such a cottage food 55
operation may sell. 56
Sections 11 and 14 of this bill move and reorganize existing requirements 57
governing cottage food operations and apply such requirements to cottage food 58
operations that meet the requirements of section 10. 59
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Section 2 of this bill applies the definitions in sections 3-5 to the provisions of 60
existing law relating to food establishments. 61
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 446 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 11, inclusive, of this 2
act. 3
Sec. 2. As used in this chapter, unless the context otherwise 4
requires, the words and terms defined in NRS 446.0145 to 5
446.069, inclusive, and sections 3, 4 and 5 of this act have the 6
meanings ascribed to them in those sections. 7
Sec. 3. “Conveyance” includes, without limitation, a 8
pushcart, stand, display, pedal-driven cart, wagon, showcase or 9
rack. 10
Sec. 4. “Cottage food operation” means a natural person 11
who: 12
1. Manufactures or prepares food items in his or her private 13
home or, if allowed by the health authority, in the kitchen of a 14
fraternal or social clubhouse, a school or a religious, charitable or 15
other nonprofit organization, for sale to a natural person for 16
consumption and whose gross sales of such food items are not 17
more than $35,000 per calendar year; or 18
2. Operates as a sidewalk vendor and sells, manufactures or 19
prepares food items for sale from a conveyance to a natural 20
person for consumption and whose gross sales of such food items 21
are not more than $35,000 per calendar year. 22
Sec. 5. “Sidewalk vendor” means a person who sells food 23
upon a public sidewalk or other pedestrian path from a 24
conveyance. The term includes a nonstationary sidewalk vendor 25
and a stationary sidewalk vendor. 26
Sec. 6. The provisions of NRS 446.861 and sections 8 and 9 27
of this act apply only to a local board of health in a county whose 28
population is 100,000 or more or a city in a county whose 29
population is 100,000 or more. 30
Sec. 7. A local board of health shall: 31
1. Develop and update guidance documents which explain 32
any requirements adopted in accordance with NRS 446.861 33
governing sidewalk vendors, including, without limitation, the 34
process for a person to apply to the local board of health for a 35
permit, license or other authorization. 36
2. Make available on the Internet website of the local board 37
of health all guidance documents developed pursuant to 38
subsection 1 and all documents necessary to apply to the local 39
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board of health for a permit, license or other authorization. All 1
such documents must be clearly visible, easily accessible and 2
available on the Internet website of the local board of health in 3
more than one language. 4
3. Conduct outreach to: 5
(a) Designers and manufacturers of conveyances regarding 6
the plans for the design of a conveyance approved in accordance 7
with the regulations adopted pursuant to NRS 446.861; and 8
(b) Owners and operators of commercial grade kitchens to 9
raise awareness of the opportunity to be approved as a food 10
preparation space for sidewalk vendors in accordance with the 11
regulations adopted pursuant to NRS 446.861. 12
4. Conduct workshops and informational sessions in the 13
county or city, as applicable, to provide information and guidance 14
on existing regulations governing sidewalk vendors. 15
Sec. 8. 1. A local board of health shall establish a task 16
force composed of representatives of community organizations 17
and sidewalk vendors to advise the local board of health on issues 18
relating to the regulation of sidewalk vendors. 19
2. The local board of health may require a task force 20
established pursuant to subsection 1 to: 21
(a) Monitor the implementation of regulations adopted by the 22
local board of health relating to sidewalk vendors and assess the 23
impact of such regulations on public health and sidewalk vendors; 24
(b) Review and recommend updates to the guidance documents 25
developed by the local board of health pursuant to section 7 of this 26
act; 27
(c) Review information relating to best practices for sidewalk 28
vendors and make recommendations to the local board of health 29
regarding such best practices; or 30
(d) Make recommendations to the local board of health 31
relating to emerging challenges facing sidewalk vendors. 32
Sec. 9. 1. A local board of health shall enter into contracts 33
or other legal agreements with manufacturers of conveyances to 34
provide for the purchase of a conveyance that complies with the 35
plans approved by the local board of health pursuant to paragraph 36
(d) of subsection 1 of NRS 446.861 by a person seeking to operate 37
as a sidewalk vendor and which includes, without limitation, food 38
items that have been preapproved by the local board of health 39
pursuant to subsection 2 for sale on the conveyance. 40
2. The local board of health shall establish a process to 41
preapprove any person seeking to operate as a sidewalk vendor 42
who purchases a conveyance from a manufacturer pursuant to 43
subsection 1 and preapprove food items that may be sold by a 44
sidewalk vendor. 45
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Sec. 10. 1. In addition to the provisions of NRS 446.866, a 1
cottage food operation that meets the requirements of this section 2
and which manufactures, prepares or sells a food item by any 3
manner or means or which offers or displays such a food item for 4
sale is not a food establishment pursuant to paragraph (i) of 5
subsection 2 of NRS 446.020 if: 6
(a) Each such food item is: 7
(1) Sold from a conveyance of the natural person who 8
manufactures, prepares or sells the food item directly to a 9
consumer; 10
(2) Sold to a natural person for his or her consumption and 11
not for resale; 12
(3) Affixed with a label which complies with the federal 13
labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. 14
Part 317 and 21 C.F.R. Part 101, if applicable; 15
(4) Labeled with “MADE IN A COTTAGE FOOD 16
OPERATION THAT IS NOT SUBJECT TO GOVERNMENT 17
FOOD SAFETY INSPECTION” printed prominently on the label 18
for the food item, if any; and 19
(5) Requires no food preparation or limited food 20
preparation on the conveyance by the natural person who sells the 21
food item; and 22
(b) Each such food item is: 23
(1) Prepared on the conveyance for immediate service; 24
(2) Purchased prepackaged from a grocery store or other 25
food establishment in a manner that protects the food item from 26
contamination during transport, display, sale and acquisition by 27
consumers and sold in the original packaging from the 28
conveyance; or 29
(3) Prepackaged by the natural person in a manner that 30
protects the food item from contamination during transport, 31
display, sale and acquisition by consumers and sold in such 32
packaging from the conveyance. 33
2. A cottage food operation that meets the requirements of 34
subsection 1 may sell the following food items: 35
(a) Subject to any requirements of NRS 584.099 to 584.107, 36
inclusive, shaved ice which may include a supplemental fruit-37
based or artificially-flavored syrup added to the shaved ice on the 38
conveyance; 39
(b) Agua frescas that are not alcoholic; 40
(c) Corn chips or potato chips which may include, without 41
limitation, any supplemental seasonings, flavorings or food 42
additives; 43
(d) Corn on the cob which may be garnished on the 44
conveyance with crumbled cojita or parmesan cheese or with 45
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mayonnaise or margarine spread purchased from a grocery store 1
within the previous 7 days; 2
(e) Chicharones; 3
(f) Paletas; 4
(g) Coffee that is non-alcoholic and which may include, 5
without limitation, sweeteners, powdered milk, flavorings or 6
spices; 7
(h) Juice that is non-alcoholic and prepared mechanically or 8
manually by pressing, squeezing, blending or juicing and may 9
include, without limitation, sweeteners, spices and natural 10
flavorings; 11
(i) Candy lollipops which may include, without limitation, 12
flavorings, color additives or other ingredients, including, without 13
limitation, chocolate, fruit extracts, dairy or gelatin; 14
(j) Subject to any requirements of NRS 584.099 to 584.107, 15
inclusive, frozen or semi-frozen ice treats which may be garnished 16
on the conveyance with seasonings and vinegar-based sauces; 17
(k) Cueritos if such food item is purchased prepackaged from 18
a grocery store or other food establishment in a manner that 19
protects the food item from contamination during transport, 20
display, sale and acquisition by consumers and is sold not more 21
than 24 hours after the time of purchase; 22
(l) Nachos consisting of corn-based tortilla chips and topped 23
with ingredients which may include, without limitation, pickled 24
vegetables or cheese purchased prepackaged from a grocery store 25
or other food establishment in a manner that protects the food 26
item from contamination during transport and melted on the 27
conveyance and may not include meat; 28
(m) Fresh-cut fruit which may be combined with sweetened 29
cream, condensed milk, evaporated milk or any other dairy-based 30
sauce if such dairy items are purchased prepackaged from a 31
grocery store or other food establishment in a manner that 32
protects the food item from contamination during transport and 33
used not more than 24 hours after the time of purchase; 34
(n) Dry snack foods, including, without limitation, potato 35
chips, corn chips or peanuts, which are purchased prepackaged 36
from a grocery store or other food establishment in a manner that 37
protects the food item from contamination during transport and to 38
which liquid condiments primarily made using chili peppers may 39
be added to the snack food on the conveyance; 40
(o) Hot dogs and corn dogs which are safe to eat without 41
additional cooking or preparation and are purchased prepackaged 42
from a grocery store or other food establishment in a manner that 43
protects the food item from contamination during transport and 44
which may be garnished with condiments or seasonings; 45
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(p) Baked goods consisting of a custard-base made from milk, 1
eggs, sugar and other flavorings; 2
(q) Baked goods which are prepackaged from a grocery store 3
or other food establishment in a manner that protects the food 4
item from contamination during transport, display, sale and 5
acquisition by consumers; and 6
(r) Baked goods packaged by the natural person that do not 7
require time or temperature controls for food safety. 8
3. As used in this section, “limited food preparation”: 9
(a) Means food preparation that is limited to the: 10
(1) Heating, frying, baking, roasting, popping, shaving of 11
ice, blending or boiling of a food item; 12
(2) Assembly of a food item that is not prepackaged; 13
(3) Dispensing or portioning of a food item for immediate 14
service to a customer that has been temperature controlled until 15
immediately before dispensing or portioning; 16
(4) Holding, portioning and dispensing a food item 17
prepared by another food establishment or a catering operation or 18
prepackaged by another food establishment; 19
(5) Slicing and chopping of produce; and 20
(6) Juicing or preparing of beverages for immediate 21
service. 22
(b) Does not include the: 23
(1) Slicing and chopping of food items other than produce; 24
(2) Thawing of food items; 25
(3) Cooling of cooked, potentially hazardous food items; 26
(4) Grinding of raw ingredients or potentially hazardous 27
food items; 28
(5) Washing of food items; 29
(6) Cooking of potentially hazardous food items for later 30
use; or 31
(7) Handling, manufacturing, freezing, processing or 32
packaging of milk, milk products or products resembling milk 33
products that are regulated under the provisions of chapter 584 of 34
NRS. 35
Sec. 11. 1. No local zoning board, planning commission or 36
governing body of an unincorporated town, incorporated city or 37
county may adopt any ordinance or other regulation that prohibits 38
a natural person from preparing food items in a cottage food 39
operation that meets the requirements of NRS 446.866 or section 40
10 of this act. 41
2. Each natural person who wishes to conduct a cottage food 42
operation that meets the requirements of NRS 446.866 or section 43
10 of this act must, before selling any food item, register the 44
cottage food operation with the health authority by submitting 45
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such information as the health authority deems appropriate, 1
including, without limitation: 2
(a) The name, address and contact information of the natural 3
person conducting the cottage food operation; and 4
(b) If the cottage food operation sells food items under a name 5
other than the name of the natural person who conducts the 6
cottage food operation, the name under which the cottage food 7
operation sells food items. 8
3. The health authority may charge a fee for the registration 9
of a cottage food operation pursuant to subsection 2 in an amount 10
not to exceed the actual cost of the health authority to establish 11
and maintain a registry of cottage food operations. 12
4. The health authority may inspect a cottage food operation 13
that meets the requirements of NRS 446.866 or section 10 of this 14
act only to investigate a food item that may be deemed to be 15
adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an 16
outbreak or suspected outbreak of illness known or suspected to be 17
caused by a contaminated food item. The cottage food operation 18
shall cooperate with the health authority in any such inspection. 19
If, as a result of such inspection, the health authority determines 20
that the cottage food operation has produced an adulterated food 21
item or was the source of an outbreak of illness caused by a 22
contaminated food item, the health authority may charge and 23
collect from the cottage food operation a fee in an amount that 24
does not exceed the actual cost of the health authority to conduct 25
the investigation. 26
Sec. 12. NRS 446.020 is hereby amended to read as follows: 27
446.020 1. Except as otherwise limited by subsection 2, 28
“food establishment” means any place, structure, premises, vehicle 29
or vessel, or any part thereof, in which any food intended for 30
ultimate human consumption is manufactured or prepared by any 31
manner or means whatever, or in which any food is sold, offered or 32
displayed for sale or served. 33
2. The term does not include: 34
(a) Private homes, unless the food prepared or manufactured in 35
the home is sold, or offered or displayed for sale or for 36
compensation or contractual consideration of any kind; 37
(b) Fraternal or social clubhouses at which attendance is limited 38
to members of the club; 39
(c) Vehicles operated by common carriers engaged in interstate 40
commerce; 41
(d) Any establishment in which religious, charitable and other 42
nonprofit organizations sell food occasionally to raise money or in 43
which charitable organizations receive salvaged food in bulk 44
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quantities for free distribution, unless the establishment is open on a 1
regular basis to sell food to members of the general public; 2
(e) Any establishment where animals, including, without 3
limitation, mammals, fish and poultry, are slaughtered which is 4
regulated pursuant to chapter 583 of NRS; 5
(f) Dairy farms and plants which process milk and products of 6
milk or frozen desserts which are regulated under chapter 584 of 7
NRS; 8
(g) The premises of a wholesale dealer of alcoholic beverages 9
licensed under chapter 369 of NRS who handles only alcoholic 10
beverages which are in sealed containers; 11
(h) A facility that produces eggs which is regulated pursuant to 12
chapter 583 of NRS; 13
(i) A cottage food operation that meets the requirements of NRS 14
446.866 or section 10 of this act with respect to food items as 15
defined in [that section;] NRS 446.866; 16
(j) A craft food operation that meets the requirements of NRS 17
587.6945 with respect to food items as defined in that section; [or] 18
(k) A farm for purposes of holding a farm-to-fork event [.] ; or 19
(l) Any establishment in which only whole produce or a 20
prepackaged food item which is not a potentially hazardous food 21
item is sold or offered or displayed for sale. 22
3. As used in this section, “poultry” has the meaning ascribed 23
to it in NRS 583.405. 24
Sec. 13. NRS 446.861 is hereby amended to read as follows: 25
446.861 1. [A] Except as otherwise provided in sections 10 26
and 11 of this act, a local board of health [in a county whose 27
population is 100,000 or more or a city in a county whose 28
population is 100,000 or more] shall adopt regulations pursuant to 29
NRS 446.940 regulating sidewalk vendors of food which must, 30
without limitation: 31
(a) Establish a process for a person to apply to the local board of 32
health for a permit, license or other authorization to operate as a 33
sidewalk vendor . [;] 34
(b) Provide for a person applying for a permit, license or other 35
authorization for sidewalk vending to pay any fees required by the 36
local board of health using a payment plan . [;] 37
(c) Establish procedures for a person seeking to operate as a 38
sidewalk vendor who does not have a driver’s license or 39
identification card issued by this State or another state, the District 40
of Columbia or any territory of the United States to obtain any 41
certification required by the local board of health as a food handler . 42
[; and] 43
(d) For a conveyance: 44
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(1) Approve plans for the design of a conveyance and 1
establish an expedited process for a person seeking to operate as a 2
sidewalk vendor who uses such a conveyance to skip any 3
requirements in the process established pursuant to paragraph (a) 4
that requires the review of the plans for the design of the 5
conveyance; and 6
(2) Authorize the use of modular conveyances, conveyances 7
that can be dissembled for transportation and cleaning and 8
conveyances that include equipment fastened to a cart that is not 9
permanently welded to the conveyance. 10
(e) For food preparation: 11
(1) Authorize the use of kitchens in food establishments, 12
such as restaurants for food preparation, by a sidewalk vendor. 13
Such regulations may not prohibit the use of such kitchens for 14
food preparation by more than one sidewalk vendor, regardless of 15
the ownership of the food establishment or sidewalk vendor; 16
(2) Establish a process to approve commercial grade 17
kitchens found in community spaces, including, without 18
limitation, churches, schools, libraries and community centers, for 19
use by a sidewalk vendor for food preparation; and 20
(3) Establish a process to approve home kitchens for use by 21
a sidewalk vendor for food preparation and issue a permit for such 22
purposes. 23
(f) For sinks, water tanks and water heaters: 24
(1) Authorize the use of a stand-alone sink or a sink in a 25
nearby facility by a sidewalk vendor to satisfy requirements 26
adopted by the local board of health for handwashing and 27
warewashing; and 28
(2) Exempt any sidewalk vendor who is not handling raw 29
meat or potentially hazardous food from any requirements adopted 30
by the local board of health relating to sinks, water tanks and 31
water heaters. 32
(g) Authorize the storage of not more than two conveyances in 33
a private home. 34
(h) Include any other regulation determined to be necessary by 35
the Task Force on Safe Sidewalk Vending pursuant to 36
NRS 225.610. 37
2. [As used in this section, “sidewalk vendor” means a person 38
who sells food upon a public sidewalk or other pedestrian path from 39
a conveyance, including, without limitation, a pushcart, stand, 40
display, pedal-driven cart, wagon, showcase or rack. The term 41
includes a nonstationary sidewalk vendor and a stationary sidewalk 42
vendor.] The terms used in any regulations adopted pursuant to 43
subsection 1 must be the same as those used in this section and 44
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must be consistent with those used in any other regulation adopted 1
by a local board of health relating to sidewalk vendors. 2
Sec. 14. NRS 446.866 is hereby amended to read as follows: 3
446.866 1. A cottage food operation which manufactures or 4
prepares a food item by any manner or means whatever for sale, or 5
which offers or displays a food item for sale, is not a “food 6
establishment” pursuant to paragraph (i) of subsection 2 of NRS 7
446.020 if each such food item is: 8
(a) Sold on the private property of the natural person who 9
manufactures or prepares the food item or at a location where the 10
natural person who manufactures or prepares the food item sells the 11
food item directly to a consumer, including, without limitation, a 12
farmers’ market licensed pursuant to chapter 244 or 268 of NRS, 13
flea market, swap meet, church bazaar, garage sale or craft fair, by 14
means of an in-person transaction that does not involve selling the 15
food item by telephone or via the Internet; 16
(b) Sold to a natural person for his or her consumption and not 17
for resale; 18
(c) Affixed with a label which complies with the federal labeling 19
requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 20
and 21 C.F.R. Part 101; 21
(d) Labeled with “MADE IN A COTTAGE FOOD 22
OPERATION THAT IS NOT SUBJECT TO GOVERNMENT 23
FOOD SAFETY INSPECTION” printed prominently on the label 24
for the food item; 25
(e) Prepackaged in a manner that protects the food item from 26
contamination during transport, display, sale and acquisition by 27
consumers; and 28
(f) Prepared and processed in the kitchen of the private home of 29
the natural person who manufactures or prepares the food item or, if 30
allowed by the health authority, in the kitchen of a fraternal or social 31
clubhouse, a school or a religious, charitable or other nonprofit 32
organization. 33
2. [No local zoning board, planning commission or governing 34
body of an unincorporated town, incorporated city or county may 35
adopt any ordinance or other regulation that prohibits a natural 36
person from preparing food in a cottage food operation. 37
3. Each natural person who wishes to conduct a cottage food 38
operation must, before selling any food item, register the cottage 39
food operation with the health authority by submitting such 40
information as the health authority deems appropriate, including, 41
without limitation: 42
(a) The name, address and contact information of the natural 43
person conducting the cottage food operation; and 44
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(b) If the cottage food operation sells food items under a name 1
other than the name of the natural person who conducts the cottage 2
food operation, the name under which the cottage food operation 3
sells food items. 4
4. The health authority may charge a fee for the registration of 5
a cottage food operation pursuant to subsection 3 in an amount not 6
to exceed the actual cost of the health authority to establish and 7
maintain a registry of cottage food operations. 8
5. The health authority may inspect a cottage food operation 9
only to investigate a food item that may be deemed to be adulterated 10
pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or 11
suspected outbreak of illness known or suspected to be caused by a 12
contaminated food item. The cottage food operation shall cooperate 13
with the health authority in any such inspection. If, as a result of 14
such inspection, the health authority determines that the cottage 15
food operation has produced an adulterated food item or was the 16
source of an outbreak of illness caused by a contaminated food item, 17
the health authority may charge and collect from the cottage food 18
operation a fee in an amount that does not exceed the actual cost of 19
the health authority to conduct the investigation. 20
6.] As used in this section: 21
(a) “Cottage food operation” means a natural person who 22
manufactures or prepares food items in his or her private home or, if 23
allowed by the health authority, in the kitchen of a fraternal or social 24
clubhouse, a school or a religious, charitable or other nonprofit 25
organization, for sale to a natural person for consumption and whose 26
gross sales of such food items are not more than $35,000 per 27
calendar year. 28
(b) “Food item” means: 29
(1) Nuts and nut mixes; 30
(2) Candies; 31
(3) Jams, jellies and preserves; 32
(4) Vinegar and flavored vinegar; 33
(5) Dry herbs and seasoning mixes; 34
(6) Dried fruits; 35
(7) Cereals, trail mixes and granola; 36
(8) Popcorn and popcorn balls; or 37
(9) Baked goods that: 38
(I) Are not potentially hazardous foods; 39
(II) Do not contain cream, uncooked egg, custard, 40
meringue or cream cheese frosting or garnishes; and 41
(III) Do not require time or temperature controls for food 42
safety. 43
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Sec. 15. Any ordinance, regulation or rule of a county or city 1
which conflicts with the provisions of this act is void and 2
unenforceable. 3
Sec. 16. The provisions of NRS 354.599 do not apply to any 4
additional expenses of a local government that are related to the 5
provisions of this act. 6
H