2005 Nevada Revised Statutes - Chapter 446 — Food Establishments
CHAPTER 446 - FOOD ESTABLISHMENTS
DEFINITIONS
NRS 446.017 Fooddefined.
NRS 446.020 Foodestablishment defined.
NRS 446.030 Foodhandler defined.
NRS 446.035 Foodprocessing establishment defined.
NRS 446.050 Healthauthority defined.
NRS 446.053 Misbrandeddefined.
NRS 446.057 Potentiallyhazardous food defined.
NRS 446.067 Temporaryfood establishment defined.
NRS 446.069 Wholesomedefined.
FACILITIES AND OPERATIONS
NRS 446.841 Useof sawdust on floors in retail meat, poultry and fish markets.
NRS 446.842 Foodestablishments which sell alcoholic beverages for consumption on premisesrequired to post signs concerning birth defects; exception.
NRS 446.846 Certainemployees of food establishments required to wear hair net or other suitablecovering to confine hair.
TEMPORARY FOOD ESTABLISHMENTS
NRS 446.865 Compliancewith chapter; powers of health authority.
PROVISIONS FOR ENFORCEMENT
NRS 446.870 Prohibitedacts: Operation of food establishment without valid permit issued by healthauthority; sale, offer or display for consideration of food prepared in privatehome without valid permit issued by health authority; exemptions.
NRS 446.875 Issuanceof permit.
NRS 446.877 Cityor county business license must not be issued until permit issued by healthauthority.
NRS 446.880 Suspensionor revocation of permit; reinstatement of suspended permit; hearing.
NRS 446.883 Revocationof city or county business license if permit issued by health authorityrevoked.
NRS 446.885 Inspectionof food establishment.
NRS 446.890 Accessto food establishment; form for inspection report.
NRS 446.895 Issuanceof notice.
NRS 446.900 Serviceof notice.
NRS 446.920 Examinationand condemnation of food.
NRS 446.925 Foodestablishment outside jurisdiction of health authority.
NRS 446.930 Reviewof plan for construction or remodeling of food establishment.
NRS 446.935 Procedureif infection of food handler is suspected.
NRS 446.940 Enforcement.
NRS 446.941 Inapplicabilityof certain regulations to child care facilities with limited menus.
NRS 446.943 Prosecutionby district attorney.
NRS 446.945 Penalties.
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DEFINITIONS
NRS
[Part 1:116:1943; 1943 NCL 5319](NRS A 1969,803)(Substituted in revision for NRS 446.040)
NRS
1. Except as otherwise limited by subsection 2, foodestablishment means any place, structure, premises, vehicle or vessel, or anypart thereof, in which any food intended for ultimate human consumption ismanufactured or prepared by any manner or means whatever, or in which any foodis sold, offered or displayed for sale or served.
2. The term does not include:
(a) Private homes, unless the food prepared ormanufactured in the home is sold, or offered or displayed for sale or forcompensation or contractual consideration of any kind;
(b) Fraternal or social clubhouses at which attendanceis limited to members of the club;
(c) Vehicles operated by common carriers engaged ininterstate commerce;
(d) Any establishment in which religious, charitableand other nonprofit organizations sell food occasionally to raise money or inwhich charitable organizations receive salvaged food in bulk quantities forfree distribution, unless the establishment is open on a regular basis to sellfood to members of the general public;
(e) Any establishment where animals are slaughteredwhich is regulated and inspected by the State Department of Agriculture;
(f) Dairy farms and plants which process milk andproducts of milk or frozen desserts which are regulated under
(g) The premises of a wholesale dealer of alcoholicbeverages licensed under chapter 369 of NRSwho handles only alcoholic beverages which are in sealed containers.
[Part 1:116:1943; 1943 NCL 5319](NRS A 1960, 295;1963, 758; 1969, 803, 991; 1973, 1164; 1981, 697; 1985, 901; 1991, 286; 1993,1624; 1999, 3624;2001, 1504)
NRS
1. Food handler means any person employed in oroperating a food establishment, whether that person is an employer, employee orother natural person, who handles, stores, transports, prepares, manufactures,serves or sells food, or who comes in contact with eating or cooking utensilsor other equipment used in the handling, preparation, manufacture, service orsale of food.
2. The term does not include a person who only handles,stores, transports, sells or otherwise comes in contact with food that ispermanently sealed or packaged for sale directly to the consumer and who, ifthe food is potentially hazardous food, handles the food only occasionally orincidentally outside the normal and usual course and scope of hisresponsibilities or employment.
[Part 1:116:1943; 1943 NCL 5319](NRS A 1969, 803;
NRS
(Added to NRS by 1969, 816)
NRS
[Part 1:116:1943; 1943 NCL 5319](NRS A 1963, 311,758; 1969, 803; 1973, 1406)
NRS
(Added to NRS by 1969, 816)
NRS
(Added to NRS by
NRS
(Added to NRS by 1969, 817)
NRS
(Added to NRS by 1969, 817)
FACILITIES AND OPERATIONS
NRS
1. Such sawdust is treated in a manner approved by theHealth Division of the Department of Health and Human Services; and
2. The floors are cleaned and fresh sawdust is useddaily.
(Added to NRS by 1971, 151; A 1973, 1406)
NRS
1. Except as otherwise provided in subsection 5, eachfood establishment in which alcoholic beverages are sold by the drink forconsumption on the premises shall post at least one sign that meets therequirements of this section in a location conspicuous to the patrons of theestablishment. The conspicuous location described in this subsection mayinclude, without limitation, a womens restroom that is located within theestablishment.
2. Each sign required by subsection 1 must be not lessthan 8 1/2 by 11 inches in size and must contain a notice in boldface type thatis clearly legible and, except as otherwise provided in paragraph (a) ofsubsection 4, in substantially the following form:
HEALTH WARNING
Drinking wine, beer and other alcoholic beverages duringpregnancy can cause birth defects.
ADVERTENCIA!
El consumo de vino, cerveza y otras bebidas alcohlicasdurante el embarazo puede causar defectos fsicos y/o mentales en el feto.
3. The letters in the words HEALTH WARNING andADVERTENCIA! in the sign must be written in not less than 40-point type, andthe letters in all other words in the sign must be written in not less than30-point type.
4. The Health Division of the Department of Health andHuman Services may:
(a) Provide by regulation for one or more alternativeforms for the language of the warning to be included on the signs required bysubsection 1 to increase the effectiveness of the signs. Each alternative formmust contain substantially the same message as is stated in subsection 2.
(b) Solicit and accept the donation of signs thatsatisfy the requirements of this section from a nonprofit organization or anyother source. To the extent that such signs are donated, the Health Divisionshall distribute the signs upon request to food establishments that arerequired to post the signs.
5. A food establishment is not required to post thesign otherwise required by this section if the food establishment provides toits patrons a food or drink menu that contains a notice, in boldface type thatis clearly legible and not less than the size of the type used for the items onthe menu, in substantially the same form and language as is set forth insubsection 2 or authorized pursuant to paragraph (a) of subsection 4.
6. As used in this section, alcoholic beveragemeans:
(a) Beer, ale, porter, stout and other similarfermented beverages, including, without limitation, sake and similar products,of any name or description containing one-half of 1 percent or more of alcoholby volume, brewed or produced from malt, wholly or in part, or from anysubstitute therefor.
(b) Any beverage obtained by the fermentation of thenatural content of fruits or other agricultural products containing sugar, ofone-half of 1 percent or more of alcohol by volume.
(c) Any distilled spirits commonly referred to as ethylalcohol, ethanol or spirits of wine in any form, including, without limitation,all dilutions and mixtures thereof from whatever process produced.
(Added to NRS by
NRS
(Added to NRS by 1973, 1055)
TEMPORARY FOOD ESTABLISHMENTS
NRS
1. Augment such requirements when needed to assure theservice of safe food.
2. Prohibit the sale of certain potentially hazardousfood.
3. Modify specific requirements for physicalfacilities when in his opinion no imminent health hazard will result.
(Added to NRS by 1963, 753; A 1969, 810)
PROVISIONS FOR ENFORCEMENT
NRS
1. Except as otherwise provided in this section, it isunlawful for any person to operate a food establishment unless he possesses avalid permit issued to him by the health authority.
2. The health authority may exempt a foodestablishment from the provisions of this chapter if the health authoritydetermines that the food which is sold, offered or displayed for sale, orserved at the establishment does not constitute a potential or actual hazard tothe public health.
3. Food thatis prepared in a private home and given away free of charge or consideration ofany kind is exempt from the provisions of this chapter, unless it is given to afood establishment.
4. Except asotherwise provided in subsection 5, food that is prepared in a private homemust not be sold, or offered or displayed for sale or for compensation orcontractual consideration of any kind, unless the person preparing the foodpossesses a valid permit issued to him by the health authority for thatpurpose.
5. A religious, charitable or other nonprofitorganization may, without possessing a permit from the health authority, sellfood occasionally to raise money, whether or not the food was prepared in aprivate home, if the sale occurs on the premises of the organization. If thesale is to occur off the premises of the organization, a permit from the healthauthority is required unless an exemption is granted pursuant to subsection 2.
(Added to NRS by 1963, 753; A 1969, 810; 1987, 382;
NRS
1. Any person desiring to operate a food establishmentmust make written application for a permit on forms provided by the healthauthority. The application must include:
(a) The applicants full name and post office address.
(b) A statement whether the applicant is a naturalperson, firm or corporation, and, if a partnership, the names of the partners,together with their addresses.
(c) A statement of the location and type of theproposed food establishment.
(d) The signature of the applicant or applicants.
2. An application for a permit to operate a temporaryfood establishment must also include the inclusive dates of the proposedoperation.
3. Upon receipt of such an application, the healthauthority shall make an inspection of the food establishment to determinecompliance with the provisions of this chapter. When inspection reveals thatthe applicable requirements of this chapter have been met, the health authorityshall issue a permit to the applicant.
4. A permit to operate a temporary food establishmentmay be issued for a period not to exceed 14 days.
5. A permit issued pursuant to this section:
(a) Is not transferable from person to person or fromplace to place.
(b) Must be posted in every food establishment.
(Added to NRS by 1963, 753; A 1969, 811; 1987, 383)
NRS
[14:116:1943; 1943 NCL 5319.13](NRS A 1963, 759;1969, 804)(Substituted in revision for NRS 446.190)
NRS
1. Permits issued under the provisions of this chaptermay be suspended temporarily by the health authority for failure of the holderto comply with the requirements of this chapter.
2. Whenever a permit holder or operator has failed tocomply with any notice issued under the provisions of this chapter, the permitholder or operator must be notified in writing that the permit is, upon serviceof the notice, immediately suspended or that the establishment is downgraded ifthat is the case. The notice must also contain a statement informing the permitholder or operator that an opportunity for a hearing will be provided if awritten request for a hearing is filed by him with the health authority.
3. Whenever the health authority finds an insanitaryor other condition in the operation of a food establishment which, in hisjudgment, constitutes a substantial hazard to the public health, he may withoutwarning, notice or hearing issue a written order to the permit holder oroperator citing the condition, specifying the corrective action to be taken,and specifying the time within which the action must be taken. The order maystate that the permit is immediately suspended and all food operations must be immediatelydiscontinued. Any person to whom such an order is issued shall comply with itimmediately. Upon written petition to the health authority, the person must beafforded a hearing as soon as possible.
4. Any person whose permit has been suspended may, atany time, make application for a reinspection for reinstatement of the permit.Within 10 days following receipt of a written request, including a statementsigned by the applicant that in his opinion the conditions causing suspensionof the permit have been corrected, the health authority shall make areinspection. If the applicant is complying with the requirements of thischapter, the permit must be reinstated.
5. For serious or repeated violations of any of therequirements of this chapter or for interference with the health authority inthe performance of his duties, the permit may be permanently revoked after anopportunity for a hearing has been provided by the health authority. Beforetaking such an action, the health authority shall notify the permit holder inwriting, stating the reasons for which the permit is subject to revocation andadvising the permit holder of the requirements for filing a request for ahearing. A permit may be suspended for cause pending its revocation or a hearingrelative thereto.
6. The health authority may permanently revoke apermit after 5 days following service of the notice unless a request for ahearing is filed with the health authority by the permit holder within 5 days.
7. The hearings provided for in this section must beconducted by the health authority at a time and place designated by him. Basedupon the record of the hearing, the health authority shall make a finding andmay sustain, modify or rescind any official notice or order considered in thehearing. A written report of the hearing decision must be furnished to thepermit holder by the health authority.
(Added to NRS by 1963, 754; A 1969, 811; 1981, 604;1985, 292)
NRS
1. A license to operate a food establishment issued byany licensing authority to a person owning or operating such food establishmentshall be revoked when such persons permit has been revoked by the healthauthority, and no new license may be issued until such person again possessesan unrevoked permit from the health authority.
2. Licensing authorities shall be notified by thehealth authority of the revocation of any permit.
[15:116:1943; 1943 NCL 5319.14](NRS A 1969,804)(Substituted in revision for NRS 446.200)
NRS
1. At least once every year, the health authorityshall inspect each food establishment located in the State.
2. He shall make as many additional inspections andreinspections as are necessary for the enforcement of this chapter.
3. It is unlawful for any person to interfere with thehealth authority in the performance of his duties.
(Added to NRS by 1963, 755; A 1969, 812)
NRS
1. The health authority, after he has properlyidentified himself, must be permitted to enter, at any reasonable time, anyfood establishment within the State for the purpose of making any inspection todetermine compliance with this chapter. He must be permitted to examine therecords of the establishment to obtain pertinent information pertaining to foodand supplies purchased, received or used, and persons employed.
2. Whenever the health authority makes an inspectionof a food establishment, he shall record his findings on an inspection reportform provided for this purpose. The health authority shall furnish the originalof the inspection report form to the permit holder or operator. The form mustsummarize the requirements of this chapter.
(Added to NRS by 1963, 755; A 1969, 812; 1981, 605)
NRS
1. Set forth the specific violations found;
2. Establish a specific and reasonable time for thecorrection of those violations;
3. In the case of temporary food establishments, statethat the violations must be corrected within a specified period which must notbe more than 24 hours. Failure to comply with the notice results in immediatesuspension of the permit;
4. State that failure to comply with the requirementsof any notice issued in accordance with the provisions of this chapter mayresult in immediate suspension of the permit or in downgrading of theestablishment; and
5. State that an opportunity for appeal from anynotice or inspection findings will be provided if a written request for ahearing is filed with the health authority within the period established in thenotice for correction.
(Added to NRS by 1963, 755; A 1969, 813; 1981, 605)
NRS
(Added to NRS by 1963, 756)
NRS
1. Food may be examined or sampled by the healthauthority as often as may be necessary to determine freedom from adulterationor misbranding. The health authority may, upon written notice to the owner orperson in charge, place a hold order on any food which he determines is or hasprobable cause to believe to be unwholesome or otherwise adulterated ormisbranded.
2. Under a hold order, food shall be permitted to besuitably stored. It shall be unlawful for any person to remove or alter a holdorder, notice or tag placed on food by the health authority. Neither such foodnor the containers thereof shall be relabeled, repacked, reprocessed, altered,disposed of or destroyed without permission of the health authority, except byorder of a court of competent jurisdiction.
3. After the owner or person in charge has had ahearing as provided for in NRS 446.895,and on the basis of evidence produced at such hearing, or on the basis of hisexamination in the event a written request for a hearing is not received within10 days, the health authority may vacate the hold order, or may by writtenorder direct the owner or person in charge of the food which was placed underthe hold order to denature or destroy such food or to bring it into compliancewith the provisions of this chapter. Such order of the health authority todenature or destroy such food or bring it into compliance with the provisionsof this chapter shall be stayed if the order is appealed to a court ofcompetent jurisdiction within 3 days.
(Added to NRS by 1963, 757; A 1969, 814)
NRS
(Added to NRS by 1963, 757; A 1969, 814)
NRS
(Added to NRS by 1963, 757; A 1969, 814)
NRS
1. When the health authority has reasonable cause tosuspect the possibility of disease transmission from any food handler of a foodestablishment, the health authority shall secure a morbidity history of thesuspected food handler, or make such other investigation as may be indicated,and take appropriate action.
2. The health authority may require any or all of thefollowing measures:
(a) The immediate exclusion of the food handler fromall food establishments.
(b) The immediate closure of the food establishmentconcerned until, in the opinion of the health authority, no further danger ofdisease outbreak exists.
(c) Restriction of the food handlers services to somearea of the establishment where there would be no danger of transmitting disease.
(d) Adequate medical and laboratory examinations of thefood handler, of other food handlers and of his and their body discharges.
(Added to NRS by 1963, 757; A 1969, 815)
1. Except as provided in subsection 2, this chaptermust be enforced by the health authority in accordance with regulations herebyauthorized to be adopted by the State Board of Health to carry out therequirements of this chapter.
2. A local board of health may adopt such regulationsas it may deem necessary to carry out the requirements of this chapter. Suchregulations:
(a) Become effective when approved by the State Boardof Health;
(b) Must be enforced by the health authority; and
(c) Supersede the regulations adopted by the StateBoard of Health pursuant to subsection 1.
3. All sheriffs, constables, policemen, marshals andother peace officers shall render such services and assistance to the healthauthority in regard to enforcement as he may request.
(Added to NRS by 1963, 758; A 1969, 815; 1981, 606)
NRS
1. Any regulation adopted by the State Board of Healthor a local board of health pursuant to NRS446.940 that establishes a standard for the construction of a foodestablishment or the equipment required to be present in a food establishmentshall not apply to any child care facility that limits its menu to:
(a) Food that does not constitute a potential or actualhazard to the public health; and
(b) Potentially hazardous food that has been:
(1) Commercially prepared and precooked; or
(2) Pasteurized.
2. As used in this section, child care facilityincludes:
(a) A child care facility licensed pursuant to
(b) A child care facility licensed by a city or county.
(Added to NRS by
NRS
[Part 21:116:1943; 1943 NCL 5319.20](NRS A 1963,760; 1969, 807; 1981, 606)
NRS
(Added to NRS by 1963, 758; A 1969, 815)
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