“Food” means any food, drink,
confection or beverage, or any component in the preparation or
manufacture thereof, intended for ultimate human consumption, stored,
being prepared or manufactured, displayed, offered for sale, sold, or
served in a food establishment.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803)—(Substituted
in revision for NRS 446.040)
1. Except as otherwise limited by subsection 2, “food
establishment” means any place, structure, premises, vehicle or vessel,
or any part thereof, in which any food intended for ultimate human
consumption is manufactured or prepared by any manner or means whatever,
or in which any food is sold, offered or displayed for sale or served.
2. The term does not include:
(a) Private homes, unless the food prepared or manufactured in the
home is sold, or offered or displayed for sale or for compensation or
contractual consideration of any kind;
(b) Fraternal or social clubhouses at which attendance is limited
to members of the club;
(c) Vehicles operated by common carriers engaged in interstate
commerce;
(d) Any establishment in which religious, charitable and other
nonprofit organizations sell food occasionally to raise money or in which
charitable organizations receive salvaged food in bulk quantities for
free distribution, unless the establishment is open on a regular basis to
sell food to members of the general public;
(e) Any establishment where animals are slaughtered which is
regulated and inspected by the State Department of Agriculture;
(f) Dairy farms and plants which process milk and products of milk
or frozen desserts which are regulated under chapter 584 of NRS; or
(g) The premises of a wholesale dealer of alcoholic beverages
licensed under chapter 369 of NRS who 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 )
1. “Food handler” means any person employed in or operating a food
establishment, whether that person is an employer, employee or other
natural person, who handles, stores, transports, prepares, manufactures,
serves or sells food, or who comes in contact with eating or cooking
utensils or other equipment used in the handling, preparation,
manufacture, service or sale of food.
2. The term does not include a person who only handles, stores,
transports, sells or otherwise comes in contact with food that is
permanently sealed or packaged for sale directly to the consumer and who,
if the food is potentially hazardous food, handles the food only
occasionally or incidentally outside the normal and usual course and
scope of his responsibilities or employment.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803; 2001, 1505
; 2003, 595 )
“Food
processing establishment” means a commercial establishment in which food
is processed or otherwise prepared and packaged for human consumption.
(Added to NRS by 1969, 816)
“Health authority” means
the officers and agents of the Health Division of the Department of
Health and Human Services, or the officers and agents of the local boards
of health.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1963, 311, 758; 1969,
803; 1973, 1406)
“Misbranded” means the presence
of any written, printed or graphic matter, upon or accompanying food or
containers of food, which is false or misleading or which violates any
applicable state or local labeling requirements.
(Added to NRS by 1969, 816)
“Potentially
hazardous food” has the meaning ascribed to it in subpart 1-201 of the
1999 edition of the Food Code published by the Food and Drug
Administration of the United States Department of Health and Human
Services, unless the Administrator of the Health Division of the
Department of Health and Human Services has adopted a later edition of
the Food Code for this purpose.
(Added to NRS by 2003, 594 )
“Temporary
food establishment” means any food establishment which operates at a
fixed location for a temporary period of time, not to exceed 2 weeks, in
connection with a fair, carnival, circus, public exhibition, celebration
or similar transitory gathering.
(Added to NRS by 1969, 817)
“Wholesome” means in sound
condition, clean, free from adulteration, and otherwise suitable for use
as human food.
(Added to NRS by 1969, 817)
FACILITIES AND OPERATIONS
A food establishment engaged in the cutting and packaging
of meat, poultry or fish for retail sale may use sawdust on the floors in
that area of such establishment not visited by the public if:
1. Such sawdust is treated in a manner approved by the Health
Division of the Department of Health and Human Services; and
2. The floors are cleaned and fresh sawdust is used daily.
(Added to NRS by 1971, 151; A 1973, 1406)
1. Except as otherwise provided in subsection 5, each food
establishment in which alcoholic beverages are sold by the drink for
consumption on the premises shall post at least one sign that meets the
requirements of this section in a location conspicuous to the patrons of
the establishment. The conspicuous location described in this subsection
may include, without limitation, a women’s restroom that is located
within the establishment.
2. Each sign required by subsection 1 must be not less than 8 1/2
by 11 inches in size and must contain a notice in boldface type that is
clearly legible and, except as otherwise provided in paragraph (a) of
subsection 4, in substantially the following form:
HEALTH WARNING
Drinking wine, beer and other alcoholic beverages during pregnancy can
cause birth defects.
¡ADVERTENCIA!
El consumo de vino, cerveza y otras bebidas alcohólicas durante el
embarazo puede causar defectos físicos y/o mentales en el feto.
3. The letters in the words “HEALTH WARNING” and “¡ADVERTENCIA!”
in the sign must be written in not less than 40-point type, and the
letters in all other words in the sign must be written in not less than
30-point type.
4. The Health Division of the Department of Health and Human
Services may:
(a) Provide by regulation for one or more alternative forms for the
language of the warning to be included on the signs required by
subsection 1 to increase the effectiveness of the signs. Each alternative
form must contain substantially the same message as is stated in
subsection 2.
(b) Solicit and accept the donation of signs that satisfy the
requirements of this section from a nonprofit organization or any other
source. To the extent that such signs are donated, the Health Division
shall distribute the signs upon request to food establishments that are
required to post the signs.
5. A food establishment is not required to post the sign otherwise
required by this section if the food establishment provides to its
patrons a food or drink menu that contains a notice, in boldface type
that is clearly legible and not less than the size of the type used for
the items on the menu, in substantially the same form and language as is
set forth in subsection 2 or authorized pursuant to paragraph (a) of
subsection 4.
6. As used in this section, “alcoholic beverage” means:
(a) Beer, ale, porter, stout and other similar fermented beverages,
including, without limitation, sake and similar products, of any name or
description containing one-half of 1 percent or more of alcohol by
volume, brewed or produced from malt, wholly or in part, or from any
substitute therefor.
(b) Any beverage obtained by the fermentation of the natural
content of fruits or other agricultural products containing sugar, of
one-half of 1 percent or more of alcohol by volume.
(c) Any distilled spirits commonly referred to as ethyl alcohol,
ethanol or spirits of wine in any form, including, without limitation,
all dilutions and mixtures thereof from whatever process produced.
(Added to NRS by 2003, 1361 )
The State
Board of Health shall adopt reasonable rules and regulations requiring
that any person employed in the preparation or service of food or
beverages to patrons on the premises of a food establishment, or who
comes in contact with eating or cooking utensils used for such service,
whose hair length exceeds specified limits shall wear a hair net, cap or
other suitable covering which confines the hair while such person is
engaged in the performance of his duties. Such rules and regulations
shall specify the minimum hair length to which such requirement applies.
(Added to NRS by 1973, 1055)
TEMPORARY FOOD ESTABLISHMENTS
A temporary food establishment shall comply with all the provisions of
this chapter which are applicable to its operation. The health authority
may:
1. Augment such requirements when needed to assure the service of
safe food.
2. Prohibit the sale of certain potentially hazardous food.
3. Modify specific requirements for physical facilities when in
his opinion no imminent health hazard will result.
(Added to NRS by 1963, 753; A 1969, 810)
PROVISIONS FOR ENFORCEMENT
1. Except as otherwise provided in this section, it is unlawful
for any person to operate a food establishment unless he possesses a
valid permit issued to him by the health authority.
2. The health authority may exempt a food establishment from the
provisions of this chapter if the health authority determines that the
food which is sold, offered or displayed for sale, or served at the
establishment does not constitute a potential or actual hazard to the
public health.
3. Food that is prepared in a private home and given away free of
charge or consideration of any kind is exempt from the provisions of this
chapter, unless it is given to a food establishment.
4. Except as otherwise provided in subsection 5, food that is
prepared in a private home must not be sold, or offered or displayed for
sale or for compensation or contractual consideration of any kind, unless
the person preparing the food possesses a valid permit issued to him by
the health authority for that purpose.
5. A religious, charitable or other nonprofit organization may,
without possessing a permit from the health authority, sell food
occasionally to raise money, whether or not the food was prepared in a
private home, if the sale occurs on the premises of the organization. If
the sale is to occur off the premises of the organization, a permit from
the health authority is required unless an exemption is granted pursuant
to subsection 2.
(Added to NRS by 1963, 753; A 1969, 810; 1987, 382; 2001, 1505
)
1. Any person desiring to operate a food establishment must make
written application for a permit on forms provided by the health
authority. The application must include:
(a) The applicant’s full name and post office address.
(b) A statement whether the applicant is a natural person, 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 the proposed food
establishment.
(d) The signature of the applicant or applicants.
2. An application for a permit to operate a temporary food
establishment must also include the inclusive dates of the proposed
operation.
3. Upon receipt of such an application, the health authority shall
make an inspection of the food establishment to determine compliance with
the provisions of this chapter. When inspection reveals that the
applicable requirements of this chapter have been met, the health
authority shall issue a permit to the applicant.
4. A permit to operate a temporary food establishment may 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 from place to
place.
(b) Must be posted in every food establishment.
(Added to NRS by 1963, 753; A 1969, 811; 1987, 383)
No license under any license
ordinance of city, county or other licensing authority shall be issued
for the operation of a food establishment to any person owning or
operating such food establishment unless the permit required by this
chapter has first been granted by the health authority.
[14:116:1943; 1943 NCL § 5319.13]—(NRS A 1963, 759; 1969,
804)—(Substituted in revision for NRS 446.190)
1. Permits issued under the provisions of this chapter may be
suspended temporarily by the health authority for failure of the holder
to comply with the requirements of this chapter.
2. Whenever a permit holder or operator has failed to comply with
any notice issued under the provisions of this chapter, the permit holder
or operator must be notified in writing that the permit is, upon service
of the notice, immediately suspended or that the establishment is
downgraded if that is the case. The notice must also contain a statement
informing the permit holder or operator that an opportunity for a hearing
will be provided if a written request for a hearing is filed by him with
the health authority.
3. Whenever the health authority finds an insanitary or other
condition in the operation of a food establishment which, in his
judgment, constitutes a substantial hazard to the public health, he may
without warning, notice or hearing issue a written order to the permit
holder or operator citing the condition, specifying the corrective action
to be taken, and specifying the time within which the action must be
taken. The order may state that the permit is immediately suspended and
all food operations must be immediately discontinued. Any person to whom
such an order is issued shall comply with it immediately. Upon written
petition to the health authority, the person must be afforded a hearing
as soon as possible.
4. Any person whose permit has been suspended may, at any time,
make application for a reinspection for reinstatement of the permit.
Within 10 days following receipt of a written request, including a
statement signed by the applicant that in his opinion the conditions
causing suspension of the permit have been corrected, the health
authority shall make a reinspection. If the applicant is complying with
the requirements of this chapter, the permit must be reinstated.
5. For serious or repeated violations of any of the requirements
of this chapter or for interference with the health authority in the
performance of his duties, the permit may be permanently revoked after an
opportunity for a hearing has been provided by the health authority.
Before taking such an action, the health authority shall notify the
permit holder in writing, stating the reasons for which the permit is
subject to revocation and advising the permit holder of the requirements
for filing a request for a hearing. A permit may be suspended for cause
pending its revocation or a hearing relative thereto.
6. The health authority may permanently revoke a permit after 5
days following service of the notice unless a request for a hearing is
filed with the health authority by the permit holder within 5 days.
7. The hearings provided for in this section must be conducted by
the health authority at a time and place designated by him. Based upon
the record of the hearing, the health authority shall make a finding and
may sustain, modify or rescind any official notice or order considered in
the hearing. A written report of the hearing decision must be furnished
to the permit holder by the health authority.
(Added to NRS by 1963, 754; A 1969, 811; 1981, 604; 1985, 292)
1. A license to operate a food establishment issued by any
licensing authority to a person owning or operating such food
establishment shall be revoked when such person’s permit has been revoked
by the health authority, and no new license may be issued until such
person again possesses an unrevoked permit from the health authority.
2. Licensing authorities shall be notified by the health 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)
1. At least once every year, the health authority shall inspect
each food establishment located in the State.
2. He shall make as many additional inspections and reinspections
as are necessary for the enforcement of this chapter.
3. It is unlawful for any person to interfere with the health
authority in the performance of his duties.
(Added to NRS by 1963, 755; A 1969, 812)
1. The health authority, after he has properly identified himself,
must be permitted to enter, at any reasonable time, any food
establishment within the State for the purpose of making any inspection
to determine compliance with this chapter. He must be permitted to
examine the records of the establishment to obtain pertinent information
pertaining to food and supplies purchased, received or used, and persons
employed.
2. Whenever the health authority makes an inspection of a food
establishment, he shall record his findings on an inspection report form
provided for this purpose. The health authority shall furnish the
original of the inspection report form to the permit holder or operator.
The form must summarize the requirements of this chapter.
(Added to NRS by 1963, 755; A 1969, 812; 1981, 605)
Except as otherwise provided in
subsection 3 of NRS 446.880 , whenever
the health authority makes an inspection of a food establishment and
discovers that any of the requirements of this chapter have been
violated, he shall notify the permit holder or operator of the violations
by means of an inspection report form or other written notice. The notice
must:
1. Set forth the specific violations found;
2. Establish a specific and reasonable time for the correction of
those violations;
3. In the case of temporary food establishments, state that the
violations must be corrected within a specified period which must not be
more than 24 hours. Failure to comply with the notice results in
immediate suspension of the permit;
4. State that failure to comply with the requirements of any
notice issued in accordance with the provisions of this chapter may
result in immediate suspension of the permit or in downgrading of the
establishment; and
5. State that an opportunity for appeal from any notice or
inspection findings will be provided if a written request for a hearing
is filed with the health authority within the period established in the
notice for correction.
(Added to NRS by 1963, 755; A 1969, 813; 1981, 605)
Notices provided for in NRS
446.895 shall be deemed to have been
properly served when the original of the inspection report form or other
notice has been delivered personally to the permit holder or person in
charge, or such notice has been sent by registered or certified mail,
return receipt requested, to the last known address of the permit holder.
A copy of such notice shall be filed with the records of the health
authority.
(Added to NRS by 1963, 756)
1. Food may be examined or sampled by the health authority as
often as may be necessary to determine freedom from adulteration or
misbranding. The health authority may, upon written notice to the owner
or person in charge, place a hold order on any food which he determines
is or has probable cause to believe to be unwholesome or otherwise
adulterated or misbranded.
2. Under a hold order, food shall be permitted to be suitably
stored. It shall be unlawful for any person to remove or alter a hold
order, notice or tag placed on food by the health authority. Neither such
food nor the containers thereof shall be relabeled, repacked,
reprocessed, altered, disposed of or destroyed without permission of the
health authority, except by order of a court of competent jurisdiction.
3. After the owner or person in charge has had a hearing as
provided for in NRS 446.895 , and on the
basis of evidence produced at such hearing, or on the basis of his
examination in the event a written request for a hearing is not received
within 10 days, the health authority may vacate the hold order, or may by
written order direct the owner or person in charge of the food which was
placed under the hold order to denature or destroy such food or to bring
it into compliance with the provisions of this chapter. Such order of the
health authority to denature or destroy such food or bring it into
compliance with the provisions of this chapter shall be stayed if the
order is appealed to a court of competent jurisdiction within 3 days.
(Added to NRS by 1963, 757; A 1969, 814)
Food from food establishments outside the jurisdiction of the
health authority of the State of Nevada may be sold within the State of
Nevada if such food establishments conform to the provisions of this
chapter or to substantially equivalent provisions. To determine the
extent of compliance with such provisions, the health authority may
accept reports from responsible authorities in the jurisdictions where
such food establishments are located.
(Added to NRS by 1963, 757; A 1969, 814)
If, after April 18, 1963, a food establishment is
constructed or extensively remodeled, or if an existing structure is
converted for use as a food establishment, properly prepared plans and
specifications for such construction, remodeling or alteration showing
layout, arrangement and construction materials of work areas and the
location, size and type of fixed equipment and facilities shall be
submitted to the health authority for approval before such work is begun.
Where full-time city, county or district health departments exist, such
plans and specifications shall be submitted to such health authorities
for approval before such work is begun.
(Added to NRS by 1963, 757; A 1969, 814)
1. When the health authority has reasonable cause to suspect the
possibility of disease transmission from any food handler of a food
establishment, the health authority shall secure a morbidity history of
the suspected 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 the following
measures:
(a) The immediate exclusion of the food handler from all food
establishments.
(b) The immediate closure of the food establishment concerned
until, in the opinion of the health authority, no further danger of
disease outbreak exists.
(c) Restriction of the food handler’s services to some area of the
establishment where there would be no danger of transmitting disease.
(d) Adequate medical and laboratory examinations of the food
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 chapter must be
enforced by the health authority in accordance with regulations hereby
authorized to be adopted by the State Board of Health to carry out the
requirements of this chapter.
2. A local board of health may adopt such regulations as it may
deem necessary to carry out the requirements of this chapter. Such
regulations:
(a) Become effective when approved by the State Board of Health;
(b) Must be enforced by the health authority; and
(c) Supersede the regulations adopted by the State Board of Health
pursuant to subsection 1.
3. All sheriffs, constables, policemen, marshals and other peace
officers shall render such services and assistance to the health
authority in regard to enforcement as he may request.
(Added to NRS by 1963, 758; A 1969, 815; 1981, 606)
1. Any regulation adopted by the State Board of Health or a local
board of health pursuant to NRS 446.940
that establishes a standard for the construction of a food establishment
or the equipment required to be present in a food establishment shall not
apply to any child care facility that limits its menu to:
(a) Food that does not constitute a potential or actual hazard 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 facility” includes:
(a) A child care facility licensed pursuant to chapter 432A of NRS; or
(b) A child care facility licensed by a city or county.
(Added to NRS by 2003, 594 )
The district
attorney of each county shall prosecute any person who violates any
provision of this chapter or any provision of the regulations of the
State Board of Health or the local board of health adopted pursuant to
this chapter.
[Part 21:116:1943; 1943 NCL § 5319.20]—(NRS A 1963, 760; 1969, 807;
1981, 606)
Any person who violates any of the
provisions of this chapter is guilty of a misdemeanor. In addition
thereto, such persons may be enjoined from continuing such violations.
Each day upon which such a violation occurs shall constitute a separate
violation.
(Added to NRS by 1963, 758; A 1969, 815)
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