Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 352–Assemblymember Anderson
CHAPTER..........
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 o peration 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 gove rning 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
regulations for the licensing of every person who manufactures, compounds,
processes or packages drugs, devices or cosmeti cs in this State. (NRS 585.245)
Section 20 of this bill exempts, with certain exceptions, cottage cosmetics
operations from the provisions of law governing the licensing, regulation, fees and
inspection of such persons by the Commissioner.
Section 4 of this bill defines the term “cottage cosmetics operation” to mean a
natural person: (1) who manufactures or prepares cosmetics in his or her private
home or in a kitchen that is not otherwise required by law to be inspected for the
preparation of a cosmetic, for sale to a natural person; and (2) whose gross sales of
such cosmetics are not more than $100,000 per year. Section 3 of this bill defines
the term “cosmetic.” Sections 5 and 6 of this bill define certain other terms relating
to cottage cosmetics operat ions. Section 2 of this bill applies these definitions to
the provisions of sections 2-11.5 of this bill.
Section 7 requires a person who wishes to conduct a cottage cosmetics
operation to apply to the State Department of Agriculture for a license to cond uct a
cottage cosmetics operation and prescribes certain requirements for such an
application. Section 7 authorizes the Department to: (1) charge certain fees for the
issuance and renewal of a license to conduct a cottage cosmetics operation; and (2)
inspect a cottage cosmetics operation for certain purposes and charge a fee for the
inspection if the cottage cosmetics operation produced an adulterated or
misbranded cosmetic or was the source of an outbreak of illness caused by a
contaminated cosmetic. Section 7 also requires the Department to maintain a
registry of each person who holds an active license to conduct a cottage cosmetics
establishment. Section 10 requires the Director of the Department to adopt certain
regulations governing cottage cosmetics operations.
Section 11 of this bill authorizes the Director to impose a civil penalty of not
more than $500 for a violation of the provisions of sections 2-11.5. Section 21 of
this bill provides that the civil penalty is an exception to the criminal penalties
imposed for other violations of the provisions relating to food, drugs and cosmetics.
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Section 11.5: (1) prohibits certain entities from adopting an ordi nance or other
regulation that prohibits a natural person from operating a cottage cosmetics
operation; and (2) provides that the provisions of sections 2-11.5 do not prohibit
certain entities from regulat ing the time, place or manner of a cottage cosmetic s
operation, provided that such regulations do not unreasonably restrict or prohibit a
person from conducting a cottage cosmetics operation.
Existing law sets forth certain requirements for a food establishment that
prepares food intended for human consu mption. (NRS 446.0145-446.945) Existing
law exempts a cottage food operation from such requirements and requires a person
who wishes to conduct a cottage food operation to register with a certain health
authority. (NRS 446.866) Section 16 of this bill inst ead requires a person who
wishes to conduct a cottage food operation to apply to the Department for a license
to conduct a cottage food operation. Sections 14-16 of this bill revise and
reorganize the existing provisions governing cottage food operations i nto new
sections of the Nevada Revised Statutes. Section 28 of this bill repeals an existing
provision governing cottage food operations made redundant by section 16 .
Section 14 revises the definition of “cottage food operation” to apply to a natural
person who manufactures or prepares food items in his or her private home or in a
kitchen that is not otherwise required by law to be inspected for the purposes of
preparing a food item, for sale and whose gross sales of such food items are not
more than $100,0 00 per calendar year. Section 15 revises the definition of “food
item” to include, certain food items.
Additionally, section 16 authorizes a cottage food operation to: (1) sell food
items via a transaction by telephone or via the Internet; and (2) fulfil l a transaction
in person, by mail or through a food delivery service platform. Section 26 of this
bill makes a cottage food operation a “food dispensing establishment,” thereby
applying the provisions governing the food delivery service platforms to the
delivery of food items from a cottage food operation. Section 16 authorizes the
Department to charge certain fees for the issuance and renewal of a license to
conduct a cottage food operation. Section 16 further requires the Department to
maintain a registry of each person who holds an active license to conduct a cottage
food operation. Section 19 of this bill requires the Director of the Department to
adopt certain regulations governing cottage food operations.
Section 19.5 of this bill : (1) prohibits certain entities from adopting an
ordinance or other regulation that prohibits a person from preparing food in a
cottage operation; and (2) provides that the provisions of sections 12-19.5 do not
prohibit certain entities from regulati ng the time, place or manner of a cottage food
operation, provided that such regulations do not unreasonably restrict or prohibit a
person from conducting a cottage food operation.
Section 23 of this bill revises the definition of “food establishment” to reflect
the reorganization of provisions governing cottage food operations.
Existing federal law requires each state to adopt procedures to ensure that
applicants for certain licenses and certificates comply with child support
obligations. (42 U.S.C. § 666) Sections 8, 9, 17 and 18 enact such procedures as
applicable to an applicant for a license to conduct a cottage cosmetics operation and
an applicant for a license to conduct a cottage food operation in order to comply
with federal law.
Existing law provides that the penal ty for a violation of any provision of
existing law relating to agricultural products and seeds is a civil penalty of not more
than $500 for each violation. (NRS 587.900) This penalty applies to sections 12-
19.5 of this bill.
Existing law exempts a farm from certain provisions governing food
establishments for the purposes of holding a farm -to-fork event under certain
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conditions. (NRS 446.868) Section 24 of this bill authorizes a farm holding such an
event to serve certain food items provided that: (1) an y livestock or game animal
that is served at the event is butchered and processed on the farm in accordance
with certain provisions of law or was inspected and approved under a certain
inspection program; and (2) certain other food items served at the farm -to-fork
event are sourced from certain facilities or was inspected and approved under a
certain inspection program. Section 24 also exempts: (1) a farm from certain
provisions governing food establishments provided that the farm holds four events
or less in a month; and (2) a farm that holds more than four events during a harvest
or holiday season from such provisions. Section 25 of this bill prohibits the
Department from charging a fee for the registration of a farm to hold farm -to-fork
events when the an nual revenue of the farm for the preceding calendar year was
less than $100,000.
Existing law sets forth certain requirements for a craft food operation in which
a person manufactures or prepares acidified foods in certain kitchens and whose
gross sales o f such foods are not more than $35,000 per calendar year and
authorizes the Department to adopt certain regulations governing such operations.
(NRS 587.691 -587.699) Section 21.2 of this bill increases the amount of gross
sales that a craft food operation m ay have to not more than $100,000 per calendar
year.
Section 21.4 of this bill authorizes a craft food operation to sell acidified foods
in a transaction by telephone or via the Internet and requires that the sale be
fulfilled in person. Section 21.6 of this bill eliminates the requirements that an
acidified food be produced by a person who: (1) maintains a log and supporting
documentation concerning the canning date for each batch of acidified foods
produced by the person; and (2) uses only certain canni ng recipes. Section 21.8 of
this bill eliminates the authority of the Department to charge a fee to a person who
produces acidified food for a course of training and an examination.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
thereto the provisions set forth as sections 2 to 19.5, inclusive of this
act.
Sec. 2. As used in sections 2 to 11.5, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 3 to 6, inclusive, of this act have the meanings ascribed
to them in those sections.
Sec. 3. “Cosmetic” means:
1. Bath preparations, including, witho ut limitation, oils,
tablets, salts, bubble baths and bath capsules;
2. Fragrance preparations, including, without limitation,
colognes, perfumes and powders;
3. Noncoloring hair preparations, including, without
limitation, conditioners, rinses and shampoos;
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4. Personal cleanliness preparations, including, without
limitation, bath soaps, body washes and deodorants; and
5. Skin care preparations for the body and hands , including,
without limitation, lotions, salves, balms and skin fresheners.
Sec. 4. “Cottage cosmetics operation”:
1. Means a natural person:
(a) Who manufactures or prepares cosmetics in his or her
private home or in a kitchen that is not otherwise required by law
to be inspected for the purposes of preparing a cosmetic, for sale
to a natural person; and
(b) Whose gross sales of such cosmetics are not more than
$100,000 per year.
2. The term does not include an operation that engages in the
manufacturing or processing of any of the products described in
21 U.S.C. § 364h(b).
Sec. 5. “Department” means the State Department of
Agriculture.
Sec. 6. “Director” means the Director of the Department.
Sec. 7. 1. A person shall not conduct a cottage cosmetics
operation unless the person holds a license issued pursuant to
subsection 2.
2. A natural person who wishes to obtain a license to conduct
a cottage cosmetics operation must submit to the Department an
application on a form prescribed by the Director. The application
must include, without limitation:
(a) The name, a ddress and contact information of the natural
person conducting the cottage cosmetics operation; and
(b) If the cottage cosmetics operation sells cosmetics under a
name other than the name of the natural person who conducts the
cottage cosmetics operation , the name under which the cottage
cosmetics operation sells cosmetics.
3. The Department may charge a fee for the issuance or
renewal of a license to conduct a cottage cosmetics operation
pursuant to subsection 2 in an amount not to exceed the actual
cost of the Department to issue or renew a license and maintain
the registry required by subsection 6.
4. The Department may inspect a cottage cosmetics operation
only to investigate a cosmetic that may be deemed to be
adulterated or misbranded pursuant t o NRS 585.500 and 585.510,
or an outbreak or suspected outbreak of illness known or
suspected to be caused by an adulterated cosmetic. The cottage
cosmetics operation shall cooperate with the Department in any
such inspection. If, as a result of such an in spection, the
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Department determines that the cottage cosmetics operation has
produced an adulterated or misbranded cosmetic or was the
source of an outbreak caused by a contaminated cosmetic, the
Department may charge and collect from the cottage cosmetics
operation a fee in an amount that does not exceed the actual cost
of the Department to conduct the investigation.
5. The Department shall maintain a registry of each natural
person who holds an active license to conduct a cottage cosmetics
operation. The registry must include, without limitation, the name
under which the cottage cosmetics operation sells cosmetics.
Sec. 8. 1. In addition to any other requirements set forth in
sections 2 to 11.5, inclusive, of this act, an applicant for a license
or t he renewal of a license to conduct a cottage cosmetics
operation shall:
(a) Include the social security number or alternative
personally identifying number, including , without limitation, an
individual taxpayer identification number, of the applicant in the
application submitted to the Department pursuant to section 7 of
this act.
(b) Submit to the Department the statement prescribed by the
Division of Welfare and Supportive Services of the Department of
Health and Human Services pursuant to NRS 425.520. The
statement must be completed and signed by the applicant.
2. The Department shall include the statement required
pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted
for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department.
3. A license to conduct a cottage cosmetics operation may not
be issued or renewed by the Department if the applicant:
(a) Fails to submit the statement required pursuant to
subsection 1; or
(b) Indicates on the statement submitted pursuant to
subsection 1 that the applicant is subject to a court order for the
support of a child and is not in compliance with the order or a
plan approved by the district attorney or other public agency
enforcing the o rder for the repayment of the amount owed
pursuant to the order.
4. If an applicant indicates on the statement submitted
pursuant to subsection 1 that the applicant is subject to a court
order for the support of a child and is not in compliance with the
order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed
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pursuant to the order, the Department shall advise the applicant to
contact the district attorney or other public agency enfor cing the
order to determine the actions that the applicant may take to
satisfy the arrearage.
Sec. 9. 1. If the Department receives a copy of a court
order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is licensed
to conduct a cottage cosmetics operation, the Department shall
deem the license of that person to be suspended at the end of the
30th day after the date on which the co urt order was issued unless
the Department receives a letter issued to the licensee by the
district attorney or other public agency pursuant to NRS 425.550
stating that the licensee has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate a license that has been
suspended by a district court pursuant to NRS 425.540 if the
Department receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550 to the person whose
license was suspended stating that the person whose license was
suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560.
Sec. 10. The Director shall adopt regulations to carry out the
provisions of sections 2 to 11.5, inclusive, of this act, including,
without limitation, regulations prescribing r equirements for a
person to obtain a license to conduct a cottage cosmetics
operation.
Sec. 11. The Director may, after notice and an opportunity
for a hearing, impose a civil penalty of not more than $500 for
each violation of sections 2 to 11.5, inclusive, of this act.
Sec. 11.5. 1. No local zoning board, planning commission
or governing body of an unincorporated town, incorporated city or
county may adopt an ordinance or other regulation that prohibits
a natural person from operating a cottage cosmetics operation.
2. Nothing in the provisions of sections 2 to 11.5, inclusive, of
this act, shall be construed to prohibit a local zoning board,
planning commission or governing body of an unincorporated
town, incorporated city or county from adopting an ordinance or
regulation that regulates the time, place or manner of a cottage
cosmetics operation, provided that such an ordinance or
regulation does not unreasonably restrict or prohibit a natural
person from conducting a cottage cosmetics operation.
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Sec. 12. As used in sections 12 to 19.5, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 14 and 15 of this act have the meanings ascribed to
them in those sections.
Sec. 13. (Deleted by amendment.)
Sec. 14. “Cottage food operation” means a natural person:
1. Who manufactures or prepares food items in his or her
private home or in a kitchen that is not otherwise required by law
to be inspected for the purposes of preparing a food item, for sale
to a natural person for consumption; and
2. Whose gross sales of such food items are not more than
$100,000 per calendar year.
Sec. 15. “Food item” means:
1. Nuts and nut mixes;
2. Candies;
3. Jams, jellies and preserves;
4. Dry herbs, seasoning mixes and teas;
5. Dried fruits and vegetables;
6. Cereals, trail mixes and granola;
7. Popcorn and popcorn balls; or
8. Baked goods that:
(a) Are not potentially hazardous foods;
(b) Do not contain cream, uncooked egg, custard meringue or
cream cheese frosting or garnishes; and
(c) Do not require time or temperature controls for food safety.
Sec. 16. 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 sub section 2 of NRS
446.020 if each such food item is:
(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 or a transaction by
telephone o r via the Internet. A sale made pursuant to this
paragraph may be fulfilled in person, by mail or through a food
delivery service platform, as defined in NRS 597.7627.
(b) Sold to a natural person for his or her consumption and
not for resale.
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(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.
(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 Department, in a kitchen that is not otherwise
required by law to be inspected for the purposes of preparing a
food item.
2. A person shall not conduct a cottage food o peration unless
the person holds a license issued pursuant to subsection 3.
3. A natural person who wishes to obtain a license to conduct
a cottage food operation must submit to the Department an
application on a form prescribed by the Director. The application
must include, without limitation:
(a) The name, address and contact information of the natural
person conducting the cottage food operation; and
(b) If the cottage cosmetics 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 Department may charge a fee for the issuance or
renewal of a license to conduct a cottage food operation pursuant
to subsection 3 in an amount not to exceed the actual cost of the
Department to issue and renew a license and maintain the registry
required by subsection 6.
5. The Department may inspect a cottage food operation only
to investigate a food item that may be deemed t o be adulterated or
misbranded 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 Department in any such inspection. If, as
a result of such inspection, the Department 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 Department may charge and collect from the
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cottage food operation a fee in an amount that does not exceed the
actual cost of the Department to conduct the investigation.
6. The Department shall maintain a registry of each natural
person who holds an active license to conduct a cottage food
operation. The registry must include, without limitation, the name
under which the cottage food operation sells food items.
Sec. 17. 1. In addition to any other requirements set forth
in sections 12 to 19.5, inclusive, of this act, an app licant for a
license or the renewal of a license to conduct a cottage food
operation shall:
(a) Include the social security number or alternative
personally identifying number, including , without limitation, an
individual taxpayer identification number, of the applicant in the
application submitted to the Department pursuant to section 16 of
this act.
(b) Submit to the Department the statement prescribed by the
Division of Welfare and Supportive Services of the Department of
Health and Human Services pur suant to NRS 425.520. The
statement must be completed and signed by the applicant.
2. The Department shall include the statement required
pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted
for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department.
3. A license to conduct a cottage food operation may not be
issued or renewed by the Department if the applicant:
(a) Fails to submit the statement required pursuant to
subsection 1; or
(b) Indicates on the statement submitted pursuant to
subsection 1 that the applicant is subject to a court order for the
support of a child and is not in compliance with the order or a
plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed
pursuant to the order.
4. If an applicant indicates on the statement submitted
pursuant to subsection 1 that the applicant is subject to a court
order for the support of a child and is not in comp liance with the
order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed
pursuant to the order, the Department shall advise the applicant to
contact the district attorney or other pub lic agency enforcing the
order to determine the actions that the applicant may take to
satisfy the arrearage.
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Sec. 18. 1. If the Department receives a copy of a court
order issued pursuant to NRS 425.540 that provides for the
suspension of all professi onal, occupational and recreational
licenses, certificates and permits issued to a person who is licensed
to conduct a cottage food operation, the Department shall deem
the license of that person to be suspended at the end of the 30th
day after the date on which the court order was issued unless the
Department receives a letter issued to the licensee by the district
attorney or other public agency pursuant to NRS 425.550 stating
that the licensee has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate a license that has been
suspended by a district court pursuant to NRS 425.540 if the
Department receives a letter issued by the district attorney or other
public agency pursuant to N RS 425.550 to the person whose
license was suspended stating that the person whose license was
suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560.
Sec. 19. The Director shall adopt regulations necessary to
carry out the provisions of sections 12 to 19.5, inclusive, of this
act, including, without limitation, regulations prescribing
requirements for a person to obtain a license to conduct a cottage
food operation.
Sec. 19.5. 1. No local zoning board, planning commission
or governing body of an unincorporated town, incorporated city or
county may adopt an ordinance or other regulation that prohibits
a natural person from operating a cottage food operation.
2. Nothing in the provisions of sections 12 to 19.5, inclusive,
of this act, shall be construed to prohibit a local zoning board,
planning commission or governing body of an unincorporated
town, incorporated city or county from adopting an ordinance or
regulation that regulates the time, place or manner of a cottage
food operation, provided that such an ordinance or regulation
does not unreasonably restrict or prohibit a natural person from
conducting a cottage food operation.
Sec. 20. NRS 585.245 is hereby amended to read as follows:
585.245 1. The Commissioner shall adopt regulations for the
licensing of every person who manufactures, compounds, processes
or packages drugs, devices or cosmetics in a factory, warehouse,
laboratory or other location in this State. The regulations must set
forth the requirements for issuance and renewal of a license. Only a
person who complies with the requirements of this chapter is
entitled to a license. A license is not transferable from person to
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person or from place to place. The regulations must prescribe the
length of term for which a license is issued and must set forth
grounds and procedures for the revocation, suspension or
nonrenewal of a license.
2. A valid license is required for the manufacturing,
compounding, processing or packaging of drugs, devices or
cosmetics in any factory, warehouse, laboratory or other location in
this State. Licensed pharmacies compounding or packaging
prescriptions are exempt from this provision.
3. The Commissioner shall establ ish and collect fees for the
purpose of paying the costs of inspecting, testing and other functions
required under the provisions of this chapter with respect to any
drug, device or cosmetic. Failure to pay any fee imposed pursuant to
this subsection is a ground for revocation, suspension or nonrenewal
of a license. All such fees collected by the Commissioner must be
deposited with the State Treasurer for credit to the State General
Fund.
4. As a condition for entertaining the application of any
applicant for any license authorized under this chapter, and as a
further condition for the issuance of any such license, the
Commissioner or the Commissioner’s authorized agent is entitled to
free access at all reasonable hours to any factory, warehouse or
other l ocation in which drugs, devices or cosmetics are
manufactured, compounded, processed or packaged or held for
introduction into commerce, and may enter any vehicle being used
to transport or hold such drugs, devices or cosmetics in commerce,
for the purposes of:
(a) Inspecting the factory, warehouse, other location or vehicle
to determine whether any of the provisions of this chapter is being
violated; and
(b) Securing samples or specimens of any drug, device or
cosmetic after paying or offering to pay therefor.
5. The Commissioner shall make, or cause to be made,
examinations of samples and specimens secured under the
provisions of this section to determine whether any of the provisions
of this chapter is being violated.
6. A cottage cosmetics operation subject to the requirements
of sections 2 to 11.5, inclusive, of this act, is exempt from the
provisions of this section.
Sec. 21. NRS 585.550 is hereby amended to read as follows:
585.550 1. A person who manufactures, compounds,
processes or packages any drug in a factory, warehouse, laboratory
or other location in this state without a license required by
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NRS 585.245 is guilty of a category D felony and shall be punished
as provided in NRS 193.130.
2. [A] Except as otherwise provided in section 11 of this act, a
person who violates any other provision of this chapter is guilty of a
gross misdemeanor.
Sec. 21.2. NRS 587.693 is hereby amended to read as follows:
587.693 “Craft food operation” means a natural person who
manufactures or prepares acidified foods 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 foods are not more than [$35,000]
$100,000 per calendar year.
Sec. 21.4. NRS 587.6945 is hereby amended to read as
follows:
587.6945 1. A craft 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 (j) of subsection 2 of NRS
446.020 if each such food item is:
(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 l imitation, 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] or a transaction by telephone or via the Internet . [;] A
sale made pursuant to this paragraph must be fulfilled in person.
(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:
(1) The date the food item was produced . [; and]
(2) “MADE IN A CRAFT FOOD OPERATION THAT IS
NOT SUBJECT TO GOVERNMENT FOOD SAFETY
INSPECTION” printe d 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]
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(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 craft food operation.
3. As used in this section, “food it em” means acidified foods
produced by a person who meets the requirements of NRS 587.695
to 587.699, inclusive.
Sec. 21.6. NRS 587.695 is hereby amended to read as follows:
587.695 For the purposes of a craft food operation, an acidified
food must be produced by a person who:
1. Complies with the requirements of NRS 587.6945;
2. Is registered pursuant to NRS 587.696;
3. Maintains a log and supporting documentation for not less
than 5 years which must include:
(a) The name of each acidified food produced;
(b) The recipe for each acidified food produced, including,
without limitation, the ingredients and the process used in
preparation of the acidified food; and
(c) [The canning date of each batch produced; and
(d)] The results of the pH test for each batch produced; and
4. For the purposes of paragraph [(d)] (c) of subsection 3, uses
a pH test meter that meets the requirements of the regulations
adopted by the State Department of Agriculture . [; and
5. Uses only canning recipes that have been approved by, or
included in publications approved by, the State Department of
Agriculture.]
Sec. 21.8. NRS 587.696 is hereby amended to read as follows:
587.696 1. The Department shall register a person who
produces acidified foods if the person:
(a) Completes a course of training in basic food safety and the
preparation and canning of acidified foods which has been approved
by the Department;
(b) Passes an examination on the preparation of acidified foods
which has been approved by the Department;
(c) Pays the registration fee prescribed by the Department; and
(d) Provides the Department with such information as the
Department deems appropriate, including, without limitation:
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(1) The name, address and contact information of the natural
person who is producing the acidified foods; and
(2) If the acidified foods are sold under a name other than
that of the natural person who produces the acidified foods, the
name under which the natural person sells the acidified foods.
2. A registration t hat is issued or otherwise recorded pursuant
to subsection 1 is valid for 3 years after the date of initial
registration and may be renewed pursuant to the provisions of
subsection 3.
3. The Department shall renew a registration that is issued or
otherwise recorded pursuant to subsection 1 every 3 years if the
person:
(a) Provides proof satisfactory to the Department that the person
has complied with the requirements of NRS 587.695;
(b) Completes a course of training in basic food safety and the
preparation and canning of acidified foods which has been approved
by the Department;
(c) Passes an examination on the preparation of acidified foods
which has been approved by the Department;
(d) Pays the renewal fee prescribed by the Department; and
(e) Provides the Department with any such information as the
Department deems appropriate.
4. The Department shall provide to each person registered to
produce acidified foods pursuant to this section:
(a) Periodic updates on, without limitation, the testing and
preparation of acidified foods; and
(b) Information about workshops or other training opportunities
related to the safe production of acidified foods.
5. The Department may inspect the premises of a person
registered to produce acidified foods pursuant to this section 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 produce r of acidified foods shall
cooperate with the Department in any such inspection. If, as a result
of such an inspection, the Department determines that the producer
of acidified foods has produced an adulterated food item or was the
source of an outbreak of illness caused by a contaminated food item,
the Department may charge and collect from the producer of
acidified foods a fee in an amount that does not exceed the actual
cost to the Department to conduct the investigation.
6. The Department may charge a reasonable fee for:
(a) Registration pursuant to subsection 1;
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(b) Renewal of a registration pursuant to subsection 3; and
(c) [A course of training pursuant to subsections 1 and 3;
(d) An examination pursuant to subsections 1 and 3; and
(e)] An investigation conducted pursuant to subsection 5.
Sec. 22. Chapter 446 of NRS is hereby amended by adding
thereto a new section to read as follows:
As used in this section and NRS 446.868 and 446.869, unless
the context otherwise requires, “Department” means the State
Department of Agriculture.
Sec. 23. NRS 446.020 is hereby amended to read as follows:
446.020 1. Except as otherwise limited by s ubsection 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 s old, 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, including, without
limitation, mammals, fish and poultry, are slaughtered which is
regulated pursuant to chapter 583 of NRS;
(f) Dairy farms and plants which process milk and products of
milk or frozen desserts which are regulated under ch apter 584 of
NRS;
(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;
(h) A facility that produces eggs which is regulated pursuant to
chapter 583 of NRS;
(i) A cottage food operation that meets the requirements of
[NRS 446.866] section 16 of this act with respect to food items as
defined in [that] section [;] 15 of this act;
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(j) A craft food operation that meets the requirements of NRS
587.6945 with respect to food items as defined in that section; or
(k) A farm for purposes of holding a farm-to-fork event.
3. As used in this section, “poultry” has the meaning ascribed
to it in NRS 583.405.
Sec. 24. NRS 446.868 is hereby amended to read as follows:
446.868 1. Except as otherwise provided in subsection 3, a
farm is not a “food establishment” for purposes of holding a farm -
to-fork event provided that:
(a) Any poultry and meat from a rabbit that is served at the
farm-to-fork event i s raised and prepared on the farm and is
butchered and processed on the farm pursuant to the requirements of
chapter 583 of NRS; [and]
(b) Any livestock or game animal that is served at the farm -to-
fork event is butchered and processed on the farm pursuant to the
requirements of chapter 583 of NRS or was inspected and
approved under an inspection program administered by the United
States Department of Agriculture; and
(c) Any other food item that is served at the farm -to-fork event,
including, with out limitation, salads, side dishes and desserts, are
prepared on the farm from ingredients that are substantially
produced on the farm [.] or sourced from a facility that satisfies the
requirements of chapter 583 of NRS or was inspected and
approved under an inspection program administered by the United
States Department of Agriculture.
2. A farm which holds a farm -to-fork event shall, before a
guest consumes any food, provide each guest with a notice which
states that no inspection was conducted by a st ate or local health
department of the farm or the food to be consumed, except as
otherwise provided in subsection 1.
3. [A] Except as otherwise provided in subsection 4, a farm
which holds more than [two] four events in any month that would
otherwise qua lify as farm -to-fork events becomes a food
establishment for the remainder of that calendar year subject to all
of the requirements of this chapter and any regulations adopted
pursuant thereto concerning food establishments.
4. The Director of the Department may provide an exemption
from the requirements of subsection 3 to a farm which holds more
than four events during a harvest or holiday season.
5. As used in this section:
(a) “Game animal” means an animal, the products of which
are food, that is n ot classified as livestock, sheep, swine, goat,
horse, mule or other equine, or as poultry or fish. The term
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includes mammals, including, without limitation, reindeer, elk,
deer, antelope, water buffalo, bison, rabbit, squirrel, opossum,
raccoon, nutria or muskrat, and nonaquatic reptiles such as land
snakes.
(b) “Livestock” has the meaning ascribed to it in NRS 583.325.
Sec. 25. NRS 446.869 is hereby amended to read as follows:
446.869 1. A farm that wishes to hold farm -to-fork events
must register with the [health authority] Department by submitting
such information as the [health authority ] Department deems
appropriate, including, without limitation:
(a) The name, address an d contact information of the owner of
the farm;
(b) The name under which the farm operates; [and]
(c) The address of the farm [.] ; and
(d) The annual revenue of the farm for the immediately
preceding calendar year.
2. [The health authority ] Except as otherwise provided in this
subsection, the Department may charge a fee for the registration of
a farm pursuant to this section in an amount not to exceed the actual
cost of the [health authority] Department to establish and maintain
[a] the registry [of farms holding farm -to-fork events. ] required
pursuant to subsection 5. The Department shall not charge a fee
for the registration of a farm when the annual revenue of the farm
for the immediately preceding calendar year was less than
$100,000.
3. The [health authority] Department shall not inspect a farm
that holds a farm -to-fork event, except as otherwise provided in
subsection 3 of NRS 446.868 and except that the [health authority]
Department may inspect a farm following a farm -to-fork event 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 served at the farm -to-fork event. A farm
shall cooperate with the [health authority] Department in any such
inspection.
4. If, as a result of an inspection conducted pursuant to
subsection 3, the [health authority] Department determines that the
farm has produced an adulterated food item or was the source of an
outbreak of illness caused by a contaminated food item, the [health
authority] Department may charge and collect from the farm a fee
in an amount not to exceed the actua l cost of the health authority to
conduct the investigation.
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5. The Department shall maintain a registry of farms holding
farm-to-fork events that are registered with the Department
pursuant to subsection 1. The registry must include, without
limitation, the name under which the farm operates.
Sec. 26. NRS 597.7629 is hereby amended to read as follows:
597.7629 1. “Food dispensing establishment” means a food
establishment or a cottage food operation that prepares and serves
food intended for immediat e consumption. The term includes,
without limitation, a restaurant. The term does not include a
convenience store or a grocery store.
2. As used in this section:
(a) “Convenience store” has the meaning ascribed to it in
NRS 597.225.
(b) “Cottage food operation” has the meaning ascribed to it in
section 14 of this act.
(c) “Food establishment” has the meaning ascribed to it in
NRS 446.020.
[(c)] (d) “Grocery store” has the meaning ascribed to it in
NRS 597.225.
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 446.866 is hereby repealed.
Sec. 29. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 28, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2027, for all other purposes.
3. Sections 8, 9, 17 and 18 of this act expire by limitation on
the date on which the provisions of 42 U.S.C. § 666 requiring each
state to establish procedures under which the state has authority to
withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to
a proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more
children,
are repealed by the Congress of the United States.
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