Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 295–Senators Doñate and Flores
Joint Sponsors: Assemblymembers González,
Moore and D’Silva
CHAPTER..........
AN ACT relating to food establishments; requiring certain local
boards of health to provide certain information relating to
sidewalk vendors and compact food cart vendors;
establishing requirements for a compact food cart vendor;
authorizing a registered compact food cart vendor to sell
certain food items; setting forth certain requirements for the
regulation of sidewalk ven dors and compact food cart
vendors by certain local boards of health and certain local
zoning boards, planning commissions and local governments;
exempting an establishment that sells or offers or displays for
sale certain foods and a compact food cart vendor from the
definition of “food establishment”; revising certain
requirements which certain local boards of health are
required to adopt relating to sidewalk vendors who sell food;
prohibiting certain governmental bodies from li miting the
types of food that may be sold by a sidewalk vendor or
compact food cart vendor; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a local board of health in a county whose population is
100,000 or more (currently Clark and Washoe Counties) or a city in a county whose
population is 100,000 or more to adopt regulations governing sidewalk vendors of
food. (NRS 446.861) Sections 3 and 5 of this bill define certain terms relating to
sidewalk vendors.
Section 7 of this bill requires a local board of health to: (1) develop and update
certain guidance documents explaining the requirements of existing regulations
adopted by the local board of health governing sidewalk vendors and compact food
cart vendors; and (2) make certain documents available on the Internet website of
the local board of health in more than one language.
Section 6 of this bill limits the applicability of sections 6-11.5 of this bill to a
local board of health in a county whose population is 100,000 or more or a city in a
county whose population is 100,000 or more.
Section 13 of this bill requires a local board of health to adopt regulations
governing sidewalk vendors of food, includ ing requirements relating to: (1) the
plans for the design of a nonstationary conveyance and the use of modular
conveyances by a sidewalk vendor; (2) the use of certain sinks by a sidewalk
vendor; and (3) the storage of a conveyance in a private home.
Section 9.5 requires a person who wishes to operate as a compact food cart
vendor to register with the local board of health and pay the fee established by
regulation of the local board of health , if such a fee has been established. Section
2.5 of this bill defines “compact food cart vendor” to mean a person who sells
certain food items from a nonstationary conveyance. Section 9.5 also requires a
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compact food cart vendor to comply with certain ordinances and regulations
adopted by the governing body of a coun ty, city or unincorporated town that
regulates sidewalk vendors. Section 9.5 prohibits a compact food cart vendor from
operating at a special event unless the compact food cart vendor complies with
certain requirements. Section 9.5 further: (1) provides th at a registration as a
compact food cart vendor is valid for a period of 1 year; (2) sets forth a process for
the renewal of such registration; and (3) requires the payment of a renewal fee
established by regulation of the local board of health , if such a fee has been
established.
Section 10 authorizes a compact food cart vendor to sell certain food items ,
which must be purchased prepackaged or prepared in a commercial grade kitchen
or on the conveyance.
Section 11.5 provides, with certain exceptions, that the provisions of existing
law and sections 2-11.5 of this bill do not prohibit a local zoning board, planning
commission or governing body of a county, city or unincorporated town from
adopting certain ordinances and regulations that: (1) prescribe t he locations where
sidewalk vendors and compact food cart vendors are allowed to operate; (2)
authorize the seizure of food items, a conveyance, any cooking apparatus or other
products; and (3) authoriz e the destruction of certain food items . Sections 11.5,
14.3 and 14.7 of this bill further prohibit, with certain exceptions, such
governmental entities from limiting the types of food items a sidewalk vendor or
compact food cart vendor may sell if such food items comply with the regulations
of a local board of health or are authorized by section 10.
Section 9 requires a local board of health to: (1) prepare, maintain and make
publicly available on the Internet website of the local board of health a list of food
items that have been approved by the local board of health and a model menu of
preapproved food items that may be sold by a sidewalk vendor; and (2) establish a
process to preapprove certain food items sold from a conveyance.
Existing law defines the term “food establishment” for the purposes of e xisting
law relating to food establishments and sets forth certain exceptions from the
definition. (NRS 446.020) Section 12 of this bill exempts from the definition of
“food establishment” : (1) any establishment in which only whole produce or
commercially prepackaged food which is not a potentially hazardous food is sold or
offered or displayed for sale; and (2) a compact food cart vendor. As a result of this
change, such an establishment and a compact food cart vendor are not subject to the
existing requirements governing food establishments.
Section 2 applies the definitions in sections 2.5, 3 and 5 to the provisions of
existing law relating to food establishments.
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 446 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 11.5, inclusive, of
this act.
Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defi ned in NRS 446.0145 to
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446.069, inclusive, and sections 2.5, 3 and 5 of this act have the
meanings ascribed to them in those sections.
Sec. 2.5. “Compact food cart vendor” means a person who
sells the food items described in section 10 of this act from a
nonstationary conveyance.
Sec. 3. “Conveyance” includes, without limitation, a
pushcart, stand, display, pedal -driven cart, wagon, showcase or
rack.
Sec. 4. (Deleted by amendment.)
Sec. 5. “Sidewalk vendor” means a person who sells food
upon a public sidewalk or other pedestrian path from a
conveyance. The term includes a nonstationary sidewalk vendor
and a stationary sidewalk vendor.
Sec. 6. The provisions of NRS 446.861 and sections 6 to 11.5
of this act apply only to a local board of health in a county whose
population is 100,000 or more or a city in a county whose
population is 100,000 or more.
Sec. 7. A local board of health shall:
1. Develop and update guidance documents which explain
any requirements adopted in accordance with NRS 446.861 and
sections 9.5 and 10 of this act governing sidewalk vendors and
compact food cart vendors, including, without limitation, the
process for a person to apply to the local board of health for a
permit, license or other authorization or register with the local
board of health, as applicable.
2. Make available on the Internet website of the local board
of health all guidance documents developed pursuant to
subsection 1 and all documents necessary to apply to the local
board of health for a permit, license or other authorization or
register with the local board of health, as applicable. All such
documents must be clearly visible, easily accessible and available
on the Internet website of the local board of health in more than
one language.
Sec. 8. (Deleted by amendment.)
Sec. 9. 1. A local board of health shall prepare, maintain
and make publicly available on the Internet website of the local
board of health:
(a) A list of food items that have been preapproved by the local
board of health pursuant to subsection 2 for sale on a conveyance;
and
(b) A model menu of preapproved food items that may be sold
by a sidewalk vendor.
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The documents required to be maintained pursuant to this
subsection must be clearly visible, easily accessible and available
in more than one language.
2. The local board of health shall establish a process to
preapprove food items that may be sold by a sidewalk vendor.
Sec. 9.5. 1. A person who wishes to oper ate as a compact
food cart vendor must:
(a) Register with the local board of health by submitting such
information required by the local board of health, which must
include, without limitation:
(1) The name, address and contact information of the
person operating as a compact food cart vendor;
(2) A list of food items set forth in section 10 of this act that
will be sold by the compact food cart vendor;
(3) A description of the general area in which the compact
food cart vendor will operate;
(4) The business name of the compact food cart vendor;
and
(5) The plans for the design of the nonstationary
conveyance from which the compact food cart vendor will operate;
and
(b) If the local board of health prescribed by regulation a fee
for registration, pay the fee in the amount established by the local
board of health.
2. A compact food cart vendor shall comply with NRS
244.35484 and 268.097994 and any ordinance or regulation
adopted by the governing body of a county, city or unincorporated
town th at regulates sidewalk vendors, including, without
limitation, any requirements concerning the size of a conveyance.
3. A compact food cart vendor must display a sign on the
conveyance that is at least 8 inches by 12 inches in size and that
states in English and Spanish in at least 36-point font that all food
items offered for sale are “MADE BY A COMPACT FOOD CART
VENDOR THAT IS NOT SUBJECT TO GOVERNMENT FOOD
SAFETY INSPECTION.”
4. A local board of health may authorize the use of a stand -
alone sink or a sink in a nearby facility by a compact food cart
vendor to satisfy any requirements adopted by the local board of
health for handwashing and warewashing, provided that such a
sink is not more than 10 feet away from the conveyance and there
is not a physical barrier between such a sink and the conveyance.
5. A compact food cart vendor shall not operate at a special
event unless the compact food cart vendor has obtained a permit,
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license or authorization from the local board of health pursuant to
NRS 446.86 1 to operate as a sidewalk vendor and has complied
with all other requirements of the local board of health and the
relevant local governments for operating at the special event.
6. The registration of a compact food cart operation is valid
for a period of 1 year. A compact food cart vendor may renew his
or her registration if there have been no changes to the food items,
conveyance or areas which the compact food cart vendor serves by
submitting to the local board of health:
(a) A letter certifying that there have been no changes to the
food items, conveyance or areas which the compact food cart
vendor serves; and
(b) If the local board of health prescribed by regulation a fee
for renewing the registration, the fee in the amount established by
the local board of health.
7. The regulations adopted by a local board of health in
accordance with NRS 446.861 do not apply to a compact food cart
vendor that registers pursuant to this section to sell any food items
set forth in section 10 of this act.
Sec. 10. 1. Except as otherwise provided by federal law or
regulation and notwithstanding any other provision of state law, a
compact food cart vendor that registers with a local board of
health pursuant to section 9.5 of this act may sell the following
food items, which must be purchased, prepackaged or prepared by
the compact food cart vendor in a commercial grade kitchen or on
the conveyance of the compact food cart vendor:
(a) Subject to any requirements of NRS 584.099 to 584.107,
inclusive, shaved ice which may include a supplemental fruit -
based or artificially-flavored syrup added to the shaved ice on the
conveyance;
(b) Aguas frescas that are not alcoholic;
(c) Corn chips or potato chips which may include, without
limitation, any supplemental seasonings, flavorings or food
additives;
(d) Corn on the cob which may be garnished on the
conveyance with crumbled parmesan cheese or with mayonnaise
or margarine spread that contains shelf-stable ingredients and was
purchased from a grocery store within the previous 7 days;
(e) Any wheat based snack that is deep -fried or baked and
made from wheat flour, cornstarch, baking soda and salt;
(f) Tea that is prepared on the conveyance by steeping in water
cured or fresh leaves, herbs, flowers, fruits or any other plant
material and may include any additive that is shelf-stable and
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prepackaged and purchased from a grocery store or other food
establishment in a manner that protects the food item from
contamination during transport, display, sale and acquisition by
consumers and that does not contain dairy products;
(g) Coffee that is non -alcoholic and which may include,
without limitation, sweeteners , powdered milk, flavorings or
spices;
(h) Juice that is non -alcoholic and prepared mechanically or
manually by pressing, squeezing, blending or juicing and may
include, without limitation, sweeteners, spices and natural
flavorings;
(i) Candy lollipops which may include, without limitation,
flavorings, color additives or other ingredients, including, without
limitation, chocolate, fruit extracts, dairy or gelatin;
(j) Subject to any requirements of NRS 584.099 to 584.107,
inclusive, frozen or semi-frozen ice treats that do not contain dairy
products and which may be garnished on the conveyance with
seasonings and shelf-stable vinegar-based sauces;
(k) Nachos consisting of corn -based tortilla chips and topped
with ingredients which may include, without limitation, shelf-
stable pickled vegetables or shelf-stable nacho cheese purchased
prepackaged from a grocery store or other food establishment in a
manner that protects the food item from contamination during
transport and melted on the conveyance and may not include
meat;
(l) Fresh-cut fruit which may be garnished on the conveyance
with ground chili pepper s, salt, lime citric acid or shelf-stable
vinegar-based sauces or any other food item s marketed for use
with fruit that are shelf-stable and purchased prepackaged from a
grocery store or other food establishment in a manner that
protects the food item from contamination during transport;
(m) Dry snack foods, including, without limitation, potato
chips, corn chips or peanuts, which are purchased prepackaged
from a grocery store or other food establishment in a manner that
protects the food item from contamination during transport and to
which liquid condiments primarily made using chili peppers may
be added to the snack food on the conveyance;
(n) Baked goods which are shelf-stable and prepackaged from
a grocery store or other food establishment in a manner that
protects the food item from cont amination during transport,
display, sale and acquisition by consumers;
(o) Any other food item that does not require time or food
controls for food safety; and
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(p) Any other food item, including, without limitation, a non -
alcoholic beverage, that the l ocal board of health deems
appropriate.
2. A local board of health may require a compact food cart
vendor to dispose of food items at the end of a business day or
provide disposable utensils to customers.
3. As used in this section, “shelf-stable” means food items
that can be safely stored at room temperature.
Sec. 11. (Deleted by amendment.)
Sec. 11.5. 1. Except as otherwise provided in this section
and NRS 244.35484 and 268.097994, nothing in NRS 446.861 and
sections 2 to 11 .5, inclusive, of this act, shall be construed to
prohibit a local zoning board, planning commission or governing
body of a county, city or unincorporated town from adopting any
ordinance or other regulation that protects public health and
safety or regulates the time, place or manner in which sidewalk
vendors and compact food cart vendors operate, including, without
limitation:
(a) Prescribing the locations where sidewalk vendor s and
compact food cart vendors are allowed to operate;
(b) Authorizing the seizure of food items, including, without
limitation, beverages, a conveyance, any cooking apparatus or any
other product being sold or offered for sale in violation of state or
local law for the purpose of protecting public health and safety; or
(c) Authorizing the destruction of food items that are not safe
for human consumption.
2. A local zoning board, planning commission or governing
body of a county, city or unincorporated town shall not adopt an
ordinance or regulation limiting the types of food items that a
sidewalk vendor or compact food cart vendor may sell, if such food
items comply with the regulations established by a local board of
health pursuant to NRS 446.861 and 446.940 or section 10 of this
act, as applicable.
Sec. 12. NRS 446.020 is hereby amended to read as follows:
446.020 1. Except as otherwise limited by subsection 2,
“food establishment” means any place, structure, premi ses, 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:
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(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 organiza tions 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 chapter 584 of
NRS;
(g) The premises of a wholesale dealer of alco holic 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 requir ements of NRS
446.866 with respect to food items as defined in [that section; ]
NRS 446.866;
(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 [.] ;
(l) Any establishment in which only whole produce or a
commercially prepackaged food item which is not a potentially
hazardous food item is sold or offered or displayed for sale ,
provided that the space in which such food items are displayed or
stored is not more than 150 square feet; or
(m) A compact food cart vendor that meets the requirements of
section 9.5 of this act with respect to the food items set forth in
section 10 of this act.
3. As used in this section, “poultry” has the meaning ascribed
to it in NRS 583.405.
Sec. 13. NRS 446.861 is hereby amended to read as follows:
446.861 1. [A] Except as otherwise provided in sections 9.5
and 11.5 of this act, a local board of health [in a county whose
population is 100,000 or more or a city in a county whose
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population is 100,000 or more ] shall adopt regulations pursuant to
NRS 446.940 regulating sidewalk vendors of food which must,
without limitation:
(a) Establish a process for a person to apply to the local board of
health for a permit, license or other authorization to operate as a
sidewalk vendor . [;]
(b) Provide for a person applying for a permit, license or other
authorization for sidewalk vending to pay any fees required by the
local board of health using a payment plan . [;]
(c) Establish procedures for a person seeking to operate as a
sidewalk vendor who does not have a driver’s license or
identification card issued by this State or another state, th e District
of Columbia or any territory of the United States to obtain any
certification required by the local board of health as a food handler .
[; and]
(d) Authorize the use of modular conveyances, conveyances
that can be disassembled for transportatio n and cleaning and
conveyances that include equipment fastened to a cart that is not
permanently welded to the conveyance.
(e) Authorize the use of a stand -alone sink or a sink in a
nearby facility by a sidewalk vendor to satisfy requirements
adopted by the local board of health for handwashing and
warewashing, provided that such a sink is not more than 10 feet
away from the conveyance and there is not a physical barrier
between such a sink and the conveyance.
(f) Authorize the storage of not more than t wo conveyances in
a private home. Such regulations may impose reasonable
restrictions, including, without limitation, requiring that
conveyances be stored in accordance with any other law or
ordinance governing storage, health and safety in a private home.
(g) Include any other regulation determined to be necessary by
the Task Force on Safe Sidewalk Vending pursuant to
NRS 225.610.
2. [As used in this section, “sidewalk vendor” means a person
who sells food upon a public sidewalk or other pedestrian path from
a conveyance, including, without limitation, a pushcart, stand,
display, pedal -driven cart, wagon, showcase or rack. The term
includes a nonstationary sidewalk vendor and a stationary sidewalk
vendor.] A local board of health may adopt regulations pursuant
to NRS 446.940:
(a) Requiring that a sidewalk vendor possess a certificate as a
food handler or as a food manager; or
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(b) Establishing an expedited process for a person seeking to
operate as a sidewalk vendor.
3. The terms used in any regulations adopted pursuant to this
section must be the same as those used in this section and must be
consistent with those used in any other regulation adopted by a
local board of health relating to sidewalk vendors.
Sec. 14. (Deleted by amendment.)
Sec. 14.3. NRS 244.35483 is hereby amended to read as
follows:
244.35483 1. A board of county commissioners may adopt an
ordinance regulating sidewalk vendors in accordance with the
requirements of NRS 244.35481 to 244.35488, inclusive.
2. Except as otherwise provided in NRS 244.35481 to
244.35488, inclusive, a board of county commissioners shall not:
(a) Enact or enforce a complete prohibition on sidewalk
vendors.
(b) Impose a criminal pen alty on the act of sidewalk vending in
a residential area.
(c) Limit the types of food that a sidewalk vendor may sell if
such food items comply with the regulations established by a local
board of health pursuant to NRS 446.861 and 446.940 or section
10 of this act for a compact food cart vendor, as that term is
defined in section 2.5 of this act.
3. A board of county commissioners that does not adopt an
ordinance that complies or substantially complies with NRS
244.35481 to 244.35488, inclusive, shall not cite, fine or prosecute a
sidewalk vendor for a violation of any rule or regulation that is
inconsistent with the provisions of NRS 244.35481 to 244.35488,
inclusive.
4. If a board of county commissioners adopts an ordinance
pursuant to this sectio n, the board of county commissioners shall
post on its Internet website a map of the zones where a person may
engage in the act of sidewalk vending.
Sec. 14.7. NRS 268.097993 is hereby amended to read as
follows:
268.097993 1. A city council or other governing body of an
incorporated city may adopt an ordinance regulating sidewalk
vendors in accordance with the requirements of NRS 268.097991 to
268.097998, inclusive.
2. Except as otherwise provided in NRS 268.097991 t o
268.097998, inclusive, a city council or other governing body of an
incorporated city shall not:
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(a) Enact or enforce a complete prohibition on sidewalk
vendors.
(b) Impose a criminal penalty on the act of sidewalk vending in
a residential area.
(c) Limit the types of food that a sidewalk vendor may sell if
such food items comply with the regulations established by a local
board of health pursuant to NRS 446.861 and 446.940 or section
10 of this act for a compact food cart vendor, as that term is
defined in section 2.5 of this act.
3. A city council or other governing body of an incorporated
city that does not adopt an ordinance that complies or substantially
complies with NRS 268.097991 to 268.097998, inclusive, shall not
cite, fine or prosecute a sidewalk vendor for a violation of any rule
or regulation that is inconsistent with the provisions of NRS
268.097991 to 268.097998, inclusive.
4. If a city council or other governing body of an incorporated
city adopts an ordinance pursuant to this se ction, the city council or
other governing body shall post on its Internet website a map of the
zones where a person may engage in the act of sidewalk vending.
Sec. 15. Any ordinance, regulation or rule of a county or city
which conflicts with the provisions of this act is void and
unenforceable.
Sec. 16. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
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