Revises provisions governing the authority of the State Department of Agriculture relating to food and water. (BDR 51-1121)

- 83rd Session (2025)
Senate Bill No. 466–Committee on Finance

CHAPTER..........

AN ACT relating to public safety; transferring the authority to
regulate and permit food establishments from the Division of
Public and Behavioral Health of the Departm ent of Health
and Human Services to the State Department of Agriculture;
transferring the authority of the State Board of Health to
adopt, amend and enforce regulations to provide for the
sanitary protection of water and food supplies to the State
Department of Agriculture; repealing various provisions
governing food establishments; requiring, with certain
exceptions, a county to pay an assessment to the Department
for services relating to food establishments; revising
provisions relating to cottage food op erations; revising
provisions relating to farm-to-fork events; revising provisions
relating to the purchase or use of hemp or commodities or
products made using hemp by certain persons who operate a
food establishment; providing penalties; and providing ot her
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the permitting and regulation of food establishments,
cottage food operations and farm -to-fork events by the Division of Public and
Behavioral Health of the De partment of Health and Human Services and, in some
instances, the local boards of health. (Chapter 446 of NRS) Sections 2-13 and 16-
44 of this bill transfer the authority for the permitting and regulation of food
establishments, cottage food operations and farm -to-fork events from the Division
to the State Department of Agriculture and the local boards of health. Section 9
defines the te rm “food safety authority” to mean the officers and agents of the
Department or the officers and agents of the local boards of health. Section 77 of
this bill repeals the existing provisions of law governing food establishments.
Section 74 of this bill pro vides that any permit issued by the Division or health
authority pursuant to the repealed provisions of law shall remain effective until the
expiration of the permit. Section 75 of this bill provides that any regulation adopted
by a local board of health w hich was previously required to be approved by the
State Board of Health shall be deemed approved by the Department. Sections 45-
50, 52-60 and 63-70 of this bill make conforming changes to internal references to
reflect the transfer of authority to the Department.
Existing law authorizes the State Board of Health to adopt, amend and enforce
regulations to provide for the sanitary protection of water and food supplies. (NRS
439.200) Existing law further authorizes a district board of health to adopt
regulations consistent with law to provide for the sanitary protection of water and
food supplies. (NRS 439.366, 439.410) Section 14 of this bill transfers the
authority to adopt regulations to provide for the sanitary protection of water and
food supplies from the State Board of Health to the Department. Sections 61 and
62 of this bill require any regulations adopted by a district board of health relating
to the sanitary protection of water and food supplies to be consistent with any
regulations adopted by the Department.

– 2 –

- 83rd Session (2025)
Existing law requires each county to pay an assessment to the Division in an
amount determined by the Division for the costs of services provided in that county
by the Division, including services relating to food establishments. Existing law
authorizes a county to request to carry out these services and receive an exemption
from this assessment from the Interim Finance Committee. (NRS 439.4905)
Section 15 of this bill requires each county to pay an assessment for the costs of
any services prov ided in the county by the Department relating to food
establishments and authorizes a county to request to carry out these services and
receive an exemption from the Interim Finance Committee. Section 15 also
authorizes the Department to adopt regulations as necessary to carry out the
provisions of the sectio n which, if adopted, must ensure the financial solvency of
the Department in providing such services . Section 51 of this bill authorizes the
Interim Finance Committee to perform this duty during a regul ar or special session.
Section 75.5 of this bill requires the State Department of Agriculture to review the
budget of the Department, any fee charged to a food establishment by the Division
and the assessments paid to the Division for the costs of services provided to a
county by the Division relating to food establishments to determine the amount of
the assessments that are necessary to ensure the financial solvency of the
Department in providing such services and, based on the results of the review, the
Department may increase the assessments required by section 15 . Section 76 of
this bill provides that any county which has already received such an exemption
shall be deemed to have received an exemption from the assessment required by
section 15.
Existing law exempts a cottage food operation from certain requirements
governing food establishments. Existing law limits the definition of “cottage food
operation” to a natural person whose gross sales of certain food items are not more
than $35,000 per year. (NRS 446.866) Section 22 of this bill increases this limit on
gross sales to $100,000 and requires the State Department of Agriculture to adjust
this amount on an annual basis based on the percentage increase in the Consumer
Price Index (All Items).
Existing law exempts a farm from certain provisions governing food
establishments for the purposes of holding a farm -to-fork event under certain
conditions, including that any poultry and meat from a rabbit that is served at such
an event is raised and prep ared on the farm and is butchered and processed on the
farm in accordance with certain requirements relating to the inspection of meat and
poultry. (NRS 446.868) Section 23 of this bill provides that a farm may also serve
at a farm-to-fork event: (1) meat from livestock under the same circumstances; and
(2) poultry, meat from livestock and meat from a rabbit if the poultry or meat is
obtained from a facility that meets certain requirements of state law relating to the
inspection of meat and poultry or from a facility under a federal inspection
program.
Existing law authorizes a person who holds a permit to operate a food
establishment and who operates a food establishment at which food is not prepared
or served for immediate consumption to purchase and use hemp or a commodity or
product made using hemp to manufacture or prepare and sell, offer or display food
that contains an approved hemp component at the food establishment. (NRS
446.844) Section 18 provides that a person may only purchase or use hemp or a
commodity or product made using hemp that the United States Food and Drug
Administration has determined to be safe or generally recognized as safe for use as
an ingredient in food intended for human consumption.

– 3 –

- 83rd Session (2025)
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. Title 51 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 2 to 44, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 3 to 13,
inclusive, of this act have the meanings ascribed to them in those
sections.
Sec. 3. “Department” means the St ate Department of
Agriculture.
Sec. 4. “Farm-to-fork event” means an event organized on a
farm where prepared food is provided for immediate consumption
to paying guests and that meets the requirements of section 23 of
this act.
Sec. 5. “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, displa yed, offered for sale, sold or
served in a food establishment.
Sec. 6. 1. Except as otherwise limited by subsection 2,
“food establishment” means any place, structure, premises,
vehicle or vessel, or any part thereof, in w hich 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 b y 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;

– 4 –

- 83rd Session (2025)
(e) Any establishment regulated under chapter 583 of NRS
where animals, including, without limitation, mammals, fish and
poultry, are slaughtered;
(f) Dairy farms and plants regulated under chapter 584 of
NRS which process milk and products of milk or frozen desserts;
(g) The premises of a wholesale dealer of alcoholic beverages
licensed under chapter 369 of NRS who handles only alcohol ic
beverages which are in sealed containers;
(h) A facility regulated under chapter 583 of NRS that
produces eggs;
(i) A cottage food operation that meets the requirements of
section 22 of this act with respect to food items as defined in that
section;
(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. 7. 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:
(a) Only handles, stores, transports, sells or otherwise comes in
contact with food that is sealed and packaged for sale directly to
the consumer;
(b) If the food is potentially hazardous food, handles the food
only occasionally and incidentally to his or her responsibilities or
employment, and such handling is not part of his or her regularly
scheduled responsibilities or employment; or
(c) Is providing services as a cashier, salesperson, stock clerk,
warehouse or dockworker, delivery person or maintenance staff or
providing services in a similar position with limited food -handling
responsibility.
Sec. 8. “Food processing establishment” means a
commercial establishment in which food is processed or otherwise
prepared and packaged for human consumption.
Sec. 9. “Food safety authority” means the officers and
agents of the Department or the officers and agents of the local
boards of health.

– 5 –

- 83rd Session (2025)
Sec. 10. “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.
Sec. 11. “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 Department has adopted a later edition of the Food Code for
this purpose.
Sec. 12. “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.
Sec. 13. “Wholesome” means in sound condition, clean, free
from adulteration and otherwise suitable for use as human food.
Sec. 14. The Department may adopt regulations:
1. Necessary to carry out the provisions of this chapter; and
2. To provide for the sanitary protection of water and food
supplies.
Sec. 15. 1. Unless an exemption is approved pursuant to
subsection 3, each county shall pay an assessment to the
Department, in an amount determined by the Department, for the
costs of services provided in that county by the Department
pursuant to this chapter and a ny regulations adopted pursuant
thereto, regardless of whether the county has a local health
authority.
2. Each county shall pay the assessment to the Department in
quarterly installments that are due on the first day of the first
month of each calendar quarter.
3. A county may submit a proposal to the Governor for the
county to carry out the services that would otherwise be provided
by the Department pursuant to this chapter and any regulations
adopted pursuant thereto. If the Governor approves the pro posal,
the Governor shall submit a recommendation to the Interim
Finance Committee to exempt the county from the assessment
required pursuant to subsection 1. The Interim Finance
Committee, upon receiving the recommendation from the
Governor, shall conside r the proposal and determine whether to
approve the exemption. In considering whether to approve the
exemption, the Interim Finance Committee shall consider, among
other things, the best interests of the State, the effect of the

– 6 –

- 83rd Session (2025)
exemption and the intent of the Legislature in requiring the
assessment to be paid by each county.
4. An exemption that is approved by the Interim Finance
Committee pursuant to subsection 3 must not become effective
until at least 6 months after that approval.
5. A county that receives approval pursuant to subsection 3 to
carry out the services that would otherwise be provided by the
Department pursuant to this chapter and any regulations adopted
pursuant thereto shall carry out those services in the manner set
forth in those chapters and regulations.
6. The Department may adopt such regulations as necessary
to carry out the provisions of this section. Any regulation adopted
pursuant to this subsection must ensure the financial solvency of
the Department in the provision of serv ices pursuant to this
chapter and any regulations adopted pursuant thereto.
Sec. 16. 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 a rea of such establishment not visited by the
public if:
1. Such sawdust is treated in a manner approved by the
Department; and
2. The floors are cleaned and fresh sawdust is used daily.
Sec. 17. 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 es tablishment. 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 mu st 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.

– 7 –

- 83rd Session (2025)
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 Department 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
Department shall distribute the signs upon request to food
establishments that are required to post the signs.
5. A food establish ment 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.
Sec. 18. 1. A person who holds a permit issued pursuant to
section 26 of this act and w ho operates a food establishment at
which food is not prepared or served for immediate consumption
may:
(a) Purchase hemp or a commodity or product made using
hemp from a grower or handler registered by the Department
pursuant to chapter 557 of NRS;

– 8 –

- 83rd Session (2025)
(b) Use hemp or a commodity or product made using hemp to
manufacture or prepare food that contains an approved hemp
component at the food establishment; and
(c) In compliance with the provisions of NRS 439.532, sell,
offer or display for sale food that conta ins an approved hemp
component at the food establishment.
 Any hemp or commodity or product made using hemp
purchased or used pursuant to this subsection must have been
determined to be safe or generally recognized as safe for use as an
ingredient in food intended for human consumption by the United
States Food and Drug Administration.
2. As used in this section:
(a) “Approved hemp component” means any component of
hemp that the United States Food and Drug Administration has
determined to be safe or generally recognized as safe for use as an
ingredient in food intended for human consumption.
(b) “Hemp” has the meaning ascribed to it in NRS 557.160.
Sec. 19. The Department 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 lim its shall wear a hair net, cap or other suitable
covering which confines the hair while such person is engaged in
the performance of his or her duties. Such rules and regulations
shall specify the minimum hair length to which such requirement
applies.
Sec. 20. 1. 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 shall adopt regulations pursuant to
section 40 of this act regulating sidewalk vendo rs 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, the District
of Columbia or any territory of the United States to obtain any

– 9 –

- 83rd Session (2025)
certification required by the local board of health as a food
handler; and
(d) 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.
Sec. 21. A temporary food establishment shall comply with
all the provisions of this chapter which are applicable to its
operation. The food safety 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
the opinion of the food safety authority no imminent health hazard
will result.
Sec. 22. 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 subsection 2 of
section 6 of this act if each such food item is:
(a) Sold on the private property of the natural person w ho
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 that does not involve
selling the food item by telephone or via the Internet;
(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), 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;

– 10 –

- 83rd Session (2025)
(e) Prepackaged in a manner that protects the food item from
contamination during transport, disp lay, sale and acquisition by
consumers; and
(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 food safety 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 prohi bits a natural
person from preparing food in a cottage food operation.
3. Each natural person who wishes to conduct a cottage food
operation must, before selling any food item, register the cottage
food operation with the food safety authority by submitt ing such
information as the food safety authority deems appropriate,
including, without limitation:
(a) The name, address and contact information of the natural
person conducting the cottage food operation; and
(b) If the cottage food operation sells foo d 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 food safety authority may charge a fee for the
registration of a cottage food operation pursuant to subsection 3 in
an amount not to exceed the actual cost of the food safety
authority to establish and maintain a registry of cottage food
operations.
5. The food safety authority may inspect a cottage food
operation 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 cottage food operation
shall cooperate wit h the food safety authority in any such
inspection. If, as a result of such inspection, the food safety
authority determines that the cottage food operation has produced
an adulterated food item or was the source of an outbreak of
illness caused by a conta minated food item, the food safety
authority may charge and collect from the cottage food operation
a fee in an amount that does not exceed the actual cost of the food
safety authority to conduct the investigation.
6. Beginning with Fiscal Year 2026-2027, the amount of
gross sales of a cottage food operation specified in paragraph (a)

– 11 –

- 83rd Session (2025)
of subsection 7 must be adjusted for each fiscal year by the
Department by adding to the amount the product of the amount
multiplied by the percentage increase in the Consumer Price
Index (All Items) published by the United States Department of
Labor from July 2025 to the Jul y preceding the fiscal year for
which the adjustment is calculated. The Department shall publish
the adjusted amount on the Internet website of the Department on
or before September 30 of each year.
7. As used in this section:
(a) “Cottage food operatio n” means a natural person who
manufactures or prepares food items in his or her private home or,
if allowed by the food safety 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 food items are not
more than $100,000, as adjusted pursuant to subsection 6, per
calendar year.
(b) “Food item” means:
(1) Nuts and nut mixes;
(2) Candies;
(3) Jams, jellies and preserves;
(4) Vinegar and flavored vinegar;
(5) Dry herbs and seasoning mixes;
(6) Dried fruits;
(7) Cereals, trail mixes and granola;
(8) Popcorn and popcorn balls; or
(9) Baked goods that:
(I) Are not potentially hazardous foods;
(II) Do not contain cream, uncooked egg, custard,
meringue or cream cheese frosting or garnishes; and
(III) Do not require time or temperature controls for
food safety.
Sec. 23. 1. Except as otherwise provided in subse ction 3, a
farm is not a “food establishment” for the purposes of holding a
farm-to-fork event provided that:
(a) Any poultry , meat from livestock and meat from a rabbit
that is served at the farm-to-fork event is:
(1) Raised and prepared on the farm and is butchered and
processed on the farm pursuant to the requirements of chapter 583
of NRS; or
(2) Obtained from and processed in a facility pursuant to
the requirements of chapter 583 of NRS or a facility that is

– 12 –

- 83rd Session (2025)
inspected and approved under an inspection program
administered by the United States Department of Agriculture; and
(b) Any other food item that is served at the farm-to-fork event,
including, without limitation, salads, side dishes and desserts, are
prepared on the farm from ingredients that are substantially
produced on the farm.
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 state o r local health
department of the farm or the food to be consumed, except as
otherwise provided in subsection 1.
3. A farm which holds more than two events in any month
that would otherwise qualify 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.
Sec. 24. 1. A farm that wishes to hold farm -to-fork events
must register with the food safety authority by submitting such
information as the food safety authority deems appropriate,
including, without limitation:
(a) The name, address and contact information of the owner of
the farm;
(b) The name under which the farm operates; and
(c) The address of the farm.
2. The food safety authority 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 food safety authority to establish and
maintain a registry of farms holding farm-to-fork events.
3. The food safety authority shall not inspect a farm that
holds a farm -to-fork event, except as otherwise provided in
subsection 3 of section 23 of this act and except that the food
safety authority 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 food safety authority in any such
inspection.
4. If, as a result of an inspection conducted pursuant to
subsection 3, the food safety authority 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 food
safety authority may charge and collect from the farm a fee in an

– 13 –

- 83rd Session (2025)
amount not to exceed the actual cost of the food safety authority to
conduct the investigation.
Sec. 25. 1. Except as otherwise provided in this section, it is
unlawful for any person to operate a food establishment unless the
person possesses a val id permit issued to him or her by the food
safety authority.
2. The food safety authority may exempt a food establishment
from the provisions of this chapter if the food safety 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 or her by the food safety
authority for that purpose.
5. A religious, charitable or other nonprofit organization
may, without possessing a permit from the food safety 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 food safety authority is require d
unless an exemption is granted pursuant to subsection 2.
Sec. 26. 1. Any person desiring to operate a food
establishment must make written application for a permit on forms
provided by the food safety authority. The application must:
(a) Include the applicant’s full name and post office address.
An applicant may include on the application an electronic mail
address by which the food safety authority may communicate with
the applicant and send any inspection report form or other notice.
(b) Include 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) Include a statement of the location and type of the
proposed food establishment.
(d) Include the signature of the applicant or applicants.
(e) Be accompanied by a fee prescribed by the food safety
authority.

– 14 –

- 83rd Session (2025)
2. An application for a permit to operate a temporary food
establishment must also include the inclusive dat es of the
proposed operation.
3. Upon receipt of such an application, the food safety
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 food safety 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.
Sec. 27. 1. Except as otherwise provided in subsection 2, no
license under any license ordinance of any licensing authority
may 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 food
safety authority.
2. A board of county commissioners or the city council or
other governing body of an incorporated city, whether organized
under general law or special charter, may issue a license to
operate a food establishment to any person owning or operating
the food establishment contingent upon the person’s obtaining the
permit required by this chapter from the food safety authority.
Sec. 28. 1. Permits issued under the provisions of this
chapter may be suspended temporarily by the food safety auth ority
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 w riting 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 wil l be provided if a
written request for a hearing is filed by him or her with the food
safety authority.
3. Whenever the food safety authority finds an insanitary or
other condition in the operation of a food establishment which, in
the judgment of the fo od safety authority, constitutes a substantial

– 15 –

- 83rd Session (2025)
hazard to the public health, the food safety authority 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 i mmediately. Upon written petition to the food
safety 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 the opinion
of the applicant the conditions causing suspension of the permit
have been corrected, the food safety 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 food
safety authority in the performance of the duties of the food safety
authority, the permit may be permanently revoked after an
opportunity for a hearing has been provided by the food safety
authority. Before taking such an action, the food safety authority
shall notify the permit holder i n 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 food safety authority may permanently revoke a permit
after 5 days following service of the notice unless a request for a
hearing is filed with the food safety authority by the permit holder
within 5 days.
7. The hearings provided for in this sect ion must be
conducted by the food safety authority at a time and place
designated by the food safety authority. Based upon the record of
the hearing, the food safety authority shall make a finding and
may sustain, modify or rescind any official notice or o rder
considered in the hearing. A written report of the hearing decision
must be furnished to the permit holder by the food safety
authority.
Sec. 29. 1. A license to operate a food establishment issued
by any licensing au thority to a person owning or operating such

– 16 –

- 83rd Session (2025)
food establishment shall be revoked when such person’s permit
has been revoked by the food safety authority, and no new license
may be issued until such person again possesses an unrevoked
permit from the food safety authority.
2. Licensing authorities shall be notified by the food safety
authority of the revocation of any permit.
Sec. 30. 1. At least once every year, the food safety
authority shall inspect each food establishment located in the
State.
2. The food safety authority 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 food
safety authority in the performance of his or her duties.
Sec. 31. 1. The food safety authority, after he or she has
properly identified himself or herself, 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. The food safety authority must be permitted to
examine the records of the establishment to obtain pertinent
information pertaining to food and supplies purcha sed, received
or used, and persons employed.
2. Whenever the food safety authority makes an inspection of
a food establishment, the food safety authority shall record his or
her findings on an inspection report form provided for this
purpose. The food safety authority shall furnish the original or an
electronic original of the inspection report form to the permit
holder or operator. The form must summarize the requirements of
this chapter.
Sec. 32. Except as otherwise prov ided in subsection 3 of
section 28 of this act, whenever the food safety authority makes an
inspection of a food establishment and discovers that any of the
requirements of this chapter have been violated, the food safety
authority 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;

– 17 –

- 83rd Session (2025)
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 o r
inspection findings will be provided if a written request for a
hearing is filed with the food safety authority within the period
established in the notice for correction.
Sec. 33. 1. Notices provided for in section 32 of this act
shall be deemed to have been properly served when the original of
the inspection report form or other notice has been:
(a) Delivered personally to the permit holder or person in
charge;
(b) Sent by registered or certified mail, return receipt
requested, to the last known address of the permit holder; or
(c) Except for any notice required pursuant to section 28 of
this act, sent to the electronic mail address, if any, provided by the
permit holder to the food safety authority.
2. A copy of a ny inspection report form or other notice
provided pursuant to subsection 1 shall be filed with the records of
the food safety authority.
Sec. 34. Any person who knowingly sells any flesh of any
diseased animal or any container containing shellfish, if the
container does not have an approved stamp authorized by the
Division of Animal Industry of the Department, is guilty of a gross
misdemeanor.
Sec. 35. 1. Food may be examined or sample d by the food
safety authority as often as may be necessary to determine freedom
from adulteration or misbranding. The food safety authority may,
upon written notice to the owner or person in charge, place a hold
order on any food which the food safety aut hority 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, not ice or tag placed on food by the food safety
authority. Neither such food nor the containers thereof shall be
relabeled, repacked, reprocessed, altered, disposed of or destroyed
without permission of the food safety 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 section 32 of this act, and on the basis of evidence
produced at such hearing, or on the basis of his or her

– 18 –

- 83rd Session (2025)
examination in the event a written request f or a hearing is not
received within 10 days, the food safety 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 food safety
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.
Sec. 36. 1. Except as otherwise provided in this subsection,
whenever the food safety authority determines there are
reasonable grounds to suspect that the food processed or otherwise
prepared by a food processing establishment may constitute a
substantial health hazard, the food safety authority may require
that the food processing establ ishment have its food tested for the
presence of contaminants typically associated with the suspected
health hazard. When carrying out the provisions of this
subsection, the food safety authority shall comply with the Federal
Food Safety Modernization Act, 21 U.S.C. §§ 2201 et seq., and any
regulations adopted pursuant thereto. The provisions of this
subsection do not apply to the extent that a food processing
establishment is under investigation for the same purpose
pursuant to federal law.
2. If the food safety authority requires pursuant to subsection
1 that the food processed or otherwise prepared by a food
processing establishment be tested:
(a) The food processing establishment:
(1) Is responsible for the cost of the testing; and
(2) May perform such testing itself or cause the testing to
be performed by a third party.
(b) The testing must be conducted in a manner that is
consistent with nationally recognized laboratory standards.
3. Records of the results of any tests conducted pursuant to
this section must be retained by the food processing establishment
to which the tests pertain for a period of not less than 2 years. The
food processing establishment shall, upon request, make those
records available to the food safety authority for its review.
4. If the testing required pursuant to subsection 1 indicates
that the food processed or otherwise prepared by a food processing
establishment is contaminated, the person or entity that conducted
the testing shall, within 24 hours after obtaining the test res ults,
report those test results to the food safety authority.

– 19 –

- 83rd Session (2025)
Sec. 37. Food from food establishments outside the
jurisdiction of the Department may be sold within the State of
Nevada if such food establishments conform to t he provisions of
this chapter or to substantially equivalent provisions. To determine
the extent of compliance with such provisions, the food safety
authority may accept reports from responsible authorities in the
jurisdictions where such food establishments are located.
Sec. 38. 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 the layout, arrangement and construction materials of
work areas and the location, size and type of fixed equipment and
facilities shall be submitted to the food safety 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 food safety authorities for approval
before such work is begun.
Sec. 39. 1. When the food safety authority has reasonable
cause to suspect the possibility of disease transmission from any
food handler of a food establishment, the food safety 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 food safety 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 food safety 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 o f transmitting
disease.
(d) Adequate medical and laboratory examinations of:
(1) The food handler and his or her body discharges; and
(2) Other food handlers and their body discharges.
Sec. 40. 1. Except as provided i n subsection 2, this chapter
must be enforced by the food safety authority in accordance with
any regulations adopted by the Department pursuant to section 14
of this act.

– 20 –

- 83rd Session (2025)
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 Department;
(b) Must be enforced by the food safety authority; and
(c) Supersede the regulations adopted by the Department
pursuant to subsection 1.
3. All sheriffs, constables, police officers, marshals and other
peace officers shall render such services and assistance to the food
safety authority in regard to enforcement as the food safety
authority may request.
Sec. 41. 1. Any regulation adopted by the Department or a
local board of health pursuant to section 40 of this act that
establishes a standard for the construction of a food establishment
or the equipment required to be present in a food establishment
does 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,
 regardless of whether the child care facility includes a
kindergarten.
2. As used in this section:
(a) “Child care facility” includes:
(1) A child care facility licensed pursuant to chapter 432A
of NRS; or
(2) A child care facility licensed by a city or county.
(b) “Kindergarten” means a program of education for children
who are 5 and 6 years of age which is:
(1) Licensed to operate as such pursuant to chapter 394 of
NRS or which is exempt from licensure pursuant to NRS 394.211;
and
(2) Located on the premises of a child care facility.
Sec. 42. Before the Department may adopt any regulation
concerning the construction, maintenance, operation or safety of a
building, structure or other property in this State, the Department
shall consult with the Deputy Administrator of the Public Works -
Compliance and Code Enforcement Section for the purposes of
subsection 9 of NRS 341.100.
Sec. 43. The district attorney of each county shall prosecute
any person who violates any provision of this chapter or any

– 21 –

- 83rd Session (2025)
provision of the regulations of the Department or the local board
of health adopted pursuant to this chapter.
Sec. 44. Except as otherwise provide d in section 34 of this
act, 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.
Sec. 45. NRS 583.040 is hereby amended to read as follows:
583.040 1. It shall be unlawful for any person, firm or
corporation to sell within this State, or to possess with the intent to
sell within this State, for human food, the carcass or parts of the
carcass of any animal which has been slaughtered, or is prepared,
handled or kept under insanitary conditions, or any primal cut of
meat which is not stamped with an approved stamp authorized by
the Department.
2. Insanitary conditions shall be deemed to exist in any
slaughterhouse that does not comply with the provisions of [chapter
446 of NRS.] sections 2 to 44, inclusive, of this act.
3. Any person, firm or corporation violating any of the
provisions of this section is subject to a civil penalty pursuant to
NRS 583.700.
Sec. 46. NRS 585.310 is hereby amended to read as follows:
585.310 1. Except as otherwise provided in subsection 2, a
food shall be deemed to be adulterated:
(a) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom;
(b) If any substance has been substituted wholly or in part
therefor;
(c) If damage or inferiority has been concealed in any manner;
or
(d) If any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight, or reduce its quality or
strength, or make it appear better or of greater value than it is.
2. A food shall not be deemed to be adulterated s olely because
it contains an approved hemp component.
3. As used in this section, “approved hemp component” has the
meaning ascribed to it in [NRS 446.844.] section 18 of this act.
Sec. 47. 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] food safety authority, in the kitchen of
a fraternal or social clubhouse, a sc hool or a religious, charitable or
other nonprofit organization, for sale to a natural person for

– 22 –

- 83rd Session (2025)
consumption, and whose gross sales of such foods are not more than
$35,000 per calendar year.
Sec. 48. NRS 587.694 is hereby amended to read as follows:
587.694 [“Health] “Food safety authority” [means the officers
and agents of the Division of Public and Behavioral Health of the
Department of Health and Human Services, or the officers and
agents of the local boards of health.] has the meaning ascribed to it
in section 9 of this act.
Sec. 49. 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] section 6 of this act 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 that does not involve selling the
food item by telephone or via the Internet;
(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” 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; and
(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] food safety 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

– 23 –

- 83rd Session (2025)
adopt any ordinan ce or other regulation that prohibits a natural
person from preparing food in a craft food operation.
3. As used in this section, “food item” means acidified foods
produced by a person who meets the requirements of NRS 587.695
to 587.699, inclusive.
Sec. 50. NRS 202.2483 is hereby amended to read as follows:
202.2483 1. Except as otherwise provided in subsection 3,
smoking in any form is prohibited within indoor places of
employment including, but not limited to, the following:
(a) Child care facilities;
(b) Movie theatres;
(c) Video arcades;
(d) Government buildings and public places;
(e) Malls and retail establishments;
(f) All areas of grocery stores; and
(g) All indoor areas within restaurants.
2. Without exception, smoking in any form is prohibited within
school buildings and on school property.
3. Smoking is not prohibited in:
(a) Areas within casinos where loitering by minors is already
prohibited by state law pursuant to NRS 463.350;
(b) Completely enclosed areas with stand -alone bars, taverns
and saloons in which patrons under 21 years of age are prohibited
from entering;
(c) Age-restricted stand-alone bars, taverns and saloons;
(d) Strip clubs or brothels;
(e) Retail tobacco stores;
(f) The area of a convention facility in which a meeting or trade
show is being held, during the time the meeting or trade show is
occurring, if the meeting or trade show:
(1) Is not open to the public;
(2) Is being produced or organized by a business relating to
tobacco or a professional association for convenience stores; and
(3) Involves the display of tobacco products; and
(g) Private residences, including private residences which may
serve as an office workplace, except if used as a child care, an adult
day care or a health care facility.
4. A supervisor on duty or employee of an age-restricted stand-
alone bar, tavern or saloon or a stand -alone bar, tavern or saloon
shall not allow a person who is under 21 years of age to loiter in an
age-restricted stand-alone bar, tavern or saloon or an area of a stand-
alone bar, tavern or saloon where smoking is allowed pursuant to

– 24 –

- 83rd Session (2025)
this section. A person who violates the provisions of this subsection
is guilty of a misdemeanor.
5. If a supervisor on duty or employe e of an age -restricted
stand-alone bar, tavern or saloon or a stand -alone bar, tavern or
saloon violates the provisions of subsection 4, the age -restricted
stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon
is liable for a civil penalty of:
(a) For the first offense, $1,000.
(b) For a second or subsequent offense, $2,000.
6. In any prosecution or other proceeding for a violation of the
provisions of subsection 4 or 5, it is no excuse for a supervisor,
employee, age -restricted bar, ta vern or saloon, or stand -alone bar,
tavern or saloon alleged to have committed the violation to plead
that a supervisor or employee believed that the person who was
permitted to loiter was 21 years of age or older.
7. In areas or establishments where smo king is not prohibited
by this section, nothing in state law shall be construed to prohibit
the owners of said establishments from voluntarily creating
nonsmoking sections or designating the entire establishment as
smoke free.
8. Nothing in state law sha ll be construed to restrict local
control or otherwise prohibit a county, city or town from adopting
and enforcing local smoking control measures that meet or exceed
the minimum applicable standards set forth in this section.
9. “No Smoking” signs or the international “No Smoking”
symbol shall be clearly and conspicuously posted in every public
place and place of employment where smoking is prohibited by this
section. Each public place and place of employment where smoking
is prohibited shall post, at every entrance, a conspicuous sign clearly
stating that smoking is prohibited. All ashtrays and other smoking
paraphernalia shall be removed from any area where smoking is
prohibited.
10. Health authorities, police officers of cities or towns,
sheriffs and their deputies shall, within their respective jurisdictions,
enforce the provisions of this section and shall issue citations for
violations of this section pursuant to NRS 202.2492 and 202.24925.
11. No person or employer shall retaliate against an empl oyee,
applicant or customer for exercising any rights afforded by, or
attempts to prosecute a violation of, this section.
12. For the purposes of this section, the following terms have
the following definitions:
(a) “Age-restricted stand-alone bar, tave rn or saloon” means an
establishment:

– 25 –

- 83rd Session (2025)
(1) Devoted primarily to the sale of alcoholic beverages to be
consumed on the premises;
(2) In which food service or sales may or may not be
incidental food service or sales, in the discretion of the operator of
the establishment;
(3) In which patrons under 21 years of age are prohibited at
all times from entering the premises; and
(4) That must be located within:
(I) A physically independent building that does not share
a common entryway or indoor area with a restaurant, public place or
any other indoor workplace where smoking is prohibited by this
section; or
(II) A completely enclosed area of a larger structure,
which may include, without limitation, a strip mall or an airport,
provided that indoor windows must remain closed at all times and
doors must remain closed when not actively in use.
(b) “Casino” means an entity that contains a building or large
room devoted to gambling games or wagering on a variety of
events. A casino must possess a nonres tricted gaming license as
described in NRS 463.0177 and typically uses the word ‘casino’ as
part of its proper name.
(c) “Child care facility” has the meaning ascribed to it in
NRS 441A.030.
(d) “Completely enclosed area” means an area that is enclosed
on all sides by any combination of solid walls, windows or doors
that extend from the floor to the ceiling.
(e) “Government building” means any building or office space
owned or occupied by:
(1) Any component of the Nevada System of Higher
Education and used for any purpose related to the System;
(2) The State of Nevada and used for any public purpose; or
(3) Any county, city, school district or other political
subdivision of the State and used for any public purpose.
(f) “Health authority” has the meaning ascribed to it in
NRS 202.2485.
(g) “Incidental food service or sales” means the service of
prepackaged food items including, but not limited to, peanuts,
popcorn, chips, pretzels or any other incidental food items that are
exempt from food licen sing requirements pursuant to subsection 2
of [NRS 446.870.] section 25 of this act.
(h) “Place of employment” means any enclosed area under the
control of a public or private employer which employees frequent
during the course of employment including, but not limited to, work

– 26 –

- 83rd Session (2025)
areas, restrooms, hallways, employee lounges, cafeterias, conference
and meeting rooms, lobbies and reception areas.
(i) “Public places” means any enclosed areas to which the public
is invited or in which the public is permitted.
(j) “Restaurant” means a business which gives or offers for sale
food, with or without alcoholic beverages, to the public, guests or
employees, as well as kitchens and catering facilities in which food
is prepared on the premises for serving elsewhere.
(k) “Retail tobacco store” means a retail store utilized primarily
for the sale of tobacco products and accessories and in which the
sale of other products is merely incidental.
(l) “School building” means all buildings on the grounds of any
public school de scribed in NRS 388.020 and any private school as
defined in NRS 394.103.
(m) “School property” means the grounds of any public school
described in NRS 388.020 and any private school as defined in
NRS 394.103.
(n) “Smoking” means inhaling, exhaling, burn ing or carrying
any liquid or heated cigar, cigarette or pipe or any other lighted or
heated tobacco or plant product intended for inhalation, in any
manner or in any form. The term includes the use of an electronic
smoking device that creates an aerosol or vapor, in any manner or in
any form, and the use of any oral smoking device. As used in this
paragraph, “electronic smoking device”:
(1) Means any product containing or delivering nicotine, a
product made or derived from tobacco or any other substance
intended for human consumption that can be used by a person to
simulate smoking in the delivery of nicotine or any other substance
through inhalation of vapor or aerosol from the product.
(2) Includes any component part of a product described in
subparagraph (1), regardless of whether the component part is sold
separately.
(3) Does not include any product regulated by the United
States Food and Drug Administration pursuant to Subchapter V of
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq.
(o) “Stand-alone bar, tavern or saloon” means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be
consumed on the premises;
(2) In which food service or sales may or may not be
incidental food service or sales, in the discretion of the operator of
the establishment;

– 27 –

- 83rd Session (2025)
(3) In which smoke from such establishments does not
infiltrate into areas where smoking is prohibited under the
provisions of this section; and
(4) That must be housed in either:
(I) A physically in dependent building that does not share
a common entryway or indoor area with a restaurant, public place or
any other indoor workplaces where smoking is prohibited by this
section; or
(II) A completely enclosed area of a larger structure, such
as a strip mall or an airport, provided that indoor windows must
remain shut at all times and doors must remain closed when not
actively in use.
(p) “Video arcade” has the meaning ascribed to it in paragraph
(d) of subsection 3 of NRS 453.3345.
13. Any statute or regulation inconsistent with this section is
null and void.
14. The provisions of this section are severable. If any
provision of this section or the application thereof is declared by a
court of competent jurisdiction to be invalid or unconstitutional,
such declaration shall not affect the validity of the section as a
whole or any provision thereof other than the part declared to be
invalid or unconstitutional.
Sec. 51. NRS 218E.405 is hereby amended to read as follows:
218E.405 1. Except as otherwise provided in subsection 2,
the Interim Finance Committee may exercise the powers conferred
upon it by law only when the Legislature is not in a regular or
special session.
2. During a regular or special session, the Inte rim Finance
Committee may also perform the duties imposed on it by NRS
228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2
of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020,
NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS
341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS
341.145, subsection 3 of NRS 349.073, NRS 353.220, 353.224,
353.2705 to 353.2771, inclusive, 353.288, 353.335, 353.3375,
353C.224, 353C.226, paragraph (b) of subsection 4 of NRS
407.0762, NRS 428.375, 433.732, 439.4905, 439.620, 439.630,
445B.830, subsection 1 of NRS 445C.320 and NRS 538.650 [.] and
section 15 of this act. In performing those duties, the Senate
Standing Committee on Finance and the Assembly Standing
Committee on Ways and Means may meet separately and transmit
the results of their respective votes to the Chair of the Interim

– 28 –

- 83rd Session (2025)
Finance Committee to determine the action of the Interim Finance
Committee as a whole.
3. The Chair of the Interim Finance Committee may appoint a
subcommittee consisting of six members of the Committee to
review and make recommendations to the Committee on matters of
the State Public Works Division of the Department of
Administration that require prior approval of the Interim Finance
Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142
and paragraph (f) of subsection 1 of NRS 341.145. If the Chair
appoints such a subcommittee:
(a) The Chair shall designate one of the members of the
subcommittee to serve as the chair of the subcommittee;
(b) The s ubcommittee shall meet throughout the year at the
times and places specified by the call of the chair of the
subcommittee; and
(c) The Director or the Director’s designee shall act as the
nonvoting recording secretary of the subcommittee.
Sec. 52. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor,
administrators of the divisions of the Department, who are
respectively designated as follows:
(1) The Administrator of the Aging and Disability Services
Division;
(2) The Administrator of the Division of Welfare and
Supportive Services;
(3) The Administrator of the Division of Child and Family
Services;
(4) The Administrator of the Division of Health Care
Financing and Policy; and
(5) The Administrator of the Division of Public and
Behavioral Health.
(b) Shall administer, through the divisions of the Department,
the provisions of chapters 63, 424, 425, 427A, 432A to 442,
inclusive, [446] 447 to 450, inclusive, 458A and 656A of NRS,
NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive,
422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626,
inclusive, 444.002 to 444.430, inclusive, and 445A.010 to
445A.055, inclusive, and al l other provisions of law relating to the
functions of the divisions of the Department, but is not responsible
for the clinical activities of the Division of Public and Behavioral
Health or the professional line activities of the other divisions.

– 29 –

- 83rd Session (2025)
(c) Shall administer any state program for persons with
developmental disabilities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of lo cal
governments and nonprofit organizations which provide social
services, adopt a master plan for the provision of human services in
this State. The Director shall revise the plan biennially and deliver a
copy of the plan to the Governor and the Legislatu re at the
beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those
services among nonprofit organizations, agencies of local
government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department
in providing those services and in the planning and budgeting for the
future provision of those services; and
(6) Contain any other information necessary for the
Department to communicate effectively with the Federal
Government concerning demographic trends, formulas for the
distribution of federal money and any need for the modification of
programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state
and local governmental agencies to provide information regarding
the programs of those organizations and agencies, excluding
detailed information relating to their budgets and payrolls, which the
Director deems necessary for the performance of the duties imposed
upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, o r
the Director’s designee, is responsible for appointing and removing
subordinate officers and employees of the Department.
Sec. 53. NRS 244.35486 is hereby amended to read as
follows:
244.35486 1. In addition to the provisions of NRS
244.35485, an ordinance adopted by a board of county
commissioners that regulates sidewalk vendors may:

– 30 –

- 83rd Session (2025)
(a) Adopt requirements regulating the time, place and manner of
sidewalk vending if the requirements are objectively and directly
related to the health, safety or welfare concerns of the public, which
may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk
vendor, which may not be more restrictive than any restriction
imposed by any applicable ordinan ce regulating noise or any
restriction on the hours of operation imposed on home -based
businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the
regulations adopted by a local board of health pursuant to [NRS
446.861.] section 20 of this act.
(II) Ensure compliance with the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within th e immediate vicinity of a
farmers’ market licensed pursuant to NRS 244.337 during the
operating hours of the farmers’ market.
(2) Within the immediate vicinity of an area designated for a
temporary special event by the board of county commissioners,
provided that any notice or other right provided to affected
businesses or property owners during the temporary special event is
also provided to any sidewalk vendors permitted to operate in the
area, if applicable. A prohibition of sidewalk vendors pursuant t o
this subparagraph must only be effective for the limited duration of
the temporary special event.
(3) Within a set distance established by the board of county
commissioners of:
(I) Except as otherwise provided in NRS 244.35484, an
establishment that holds a nonrestricted gaming license described in
subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center,
polling place, religious institution or place of worship or park or
recreational facility owned by the county; or
(IV) A highly trafficked pedestrian mall, convention
center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary
sidewalk vendors from operating in such areas.
2. As used in this section:
(a) “Entertainment district” means a contiguous area located
within a county that:

– 31 –

- 83rd Session (2025)
(1) Is zoned for or customarily used for commercial
purposes; and
(2) Contains any number and combination of restaurants,
bars, entertainment esta blishments, music venues, theaters, art
galleries or studios, dance studios or athletic stadiums.
(b) “Pedestrian mall” has the meaning ascribed to it in
NRS 268.811.
Sec. 54. NRS 244.35487 is hereby amended to read as
follows:
244.35487 1. In accordance with an ordinance adopted
pursuant to NRS 244.35481 to 244.35488, inclusive, a board of
county commissioners or its designee may:
(a) Suspend or revoke any permit or license for sidewalk
vending for any violation of the ordinance or the terms or conditions
of the permit or license in the same manner as such suspensions or
revocations are imposed for other types of businesses;
(b) Impose a civil penalty on the holder of a permit or license for
sidewalk vending that engages in sidewalk vending in a prohibited
residential area or for any violation of the terms or conditions of the
permit or license in accordance with the schedule of civil penalties
set forth in the ordinance, if any;
(c) Impose a civil penalty on a person who engages in sidewalk
vending without holding a permit or license for sidewalk vending
required by the ordinance in accordance with the schedule of civil
penalties set forth in the ordinance, if any; and
(d) Authorize any other action to prevent the sale or
consumption of any food or drink that violates any requirements
established by a local board of health pursuant to [NRS 446.861.]
section 20 of this act.
2. For any person who engages in sidewalk vending without
holding a permit or license for sidewalk vending or who engages in
sidewalk vending in a prohibited area, a board of county
commissioners or its designee may also take any other action
authorized u nder existing law to enforce any prohibition on
unlicensed business activities, including, without limitation, any
action authorized pursuant to NRS 244.35484.
Sec. 55. NRS 244.369 is hereby amended to read as follows:
244.369 1. Subject to the limitations contained in subsection
2, any board of county commissioners may by ordinance require that
any food handler, as defined in [NRS 446.030,] section 7 of this act,
submit to physical examination as a prerequisite to engagi ng in or
continuing to engage in such occupation.

– 32 –

- 83rd Session (2025)
2. Any ordinance enacted pursuant to the provisions of
subsection 1 shall provide that no food handler is required to pay in
excess of $5 for any or all required physical examinations in any 2 -
year period.
Sec. 56. NRS 268.097996 is hereby amended to read as
follows:
268.097996 1. In addition to the provisions of NRS
268.097995, an ordinance adopted by a city council or other
governing body of an incorporated city that r egulates sidewalk
vendors may:
(a) Adopt requirements regulating the time, place and manner of
sidewalk vending if the requirements are objectively and directly
related to the health, safety or welfare concerns of the public, which
may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk
vendor, which may not be more restrictive than any restriction
imposed by any applicable ordinance regulating noise or any
restriction on the hours of operation imposed on home -based
businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the
regulations adopted by a local board of health pursuant to [NRS
446.861.] section 20 of this act.
(II) Ensure compliance wi th the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a
farmers’ market licensed pursuant to NRS 268.092 during the
operating hours of the farmers’ market.
(2) Within the immediate vicinity of an area designated for a
temporary special event by the city council or other governing body
of an incorporated city, provided that any notice or other right
provided to affected bu sinesses or property owners during the
temporary special event is also provided to any sidewalk vendors
permitted to operate in the area, if applicable. A prohibition of
sidewalk vendors pursuant to this subparagraph must only be
effective for the limited duration of the temporary special event.
(3) Within a set distance established by the city council or
other governing body of an incorporated city of:
(I) Except as otherwise provided in NRS 268.097994, an
establishment that holds a nonrestricted gami ng license described in
subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;

– 33 –

- 83rd Session (2025)
(III) A school, child care facility, community center,
polling place, religious institution or place of worship or a park or
recreational facility owned by the city; or
(IV) A highly trafficked pedestrian mall, convention
center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary
sidewalk vendors from operating in such areas.
2. As used in this section:
(a) “Entertainment district” means a contiguous area located
within a city that:
(1) Is zoned for or customarily used for commercial
purposes; and
(2) Contains any number and combination of restaurants,
bars, entertainment establishments, music venues, theat ers, art
galleries or studios, dance studios or athletic stadiums.
(b) “Pedestrian mall” has the meaning ascribed to it in
NRS 268.811.
Sec. 57. NRS 268.097997 is hereby amended to read as
follows:
268.097997 1. In accordance with an ordinance adopted
pursuant to NRS 268.097991 to 268.097998, inclusive, a city
council or other governing body of an incorporated city, or a
designee of the city council or other governing body, may:
(a) Suspend or revoke any permit or l icense for sidewalk
vending for any violation of the ordinance or the terms or conditions
of the permit or license in the same manner as such suspensions or
revocations are imposed for other types of businesses;
(b) Impose a civil penalty on the holder of a permit or license for
sidewalk vending that engages in sidewalk vending in a prohibited
residential area or for any violation of the terms or conditions of the
permit or license in accordance with the schedule of civil penalties
set forth in the ordinance, if any;
(c) Impose a civil penalty on a person who engages in sidewalk
vending without holding a permit or license for sidewalk vending
required by the ordinance in accordance with the schedule of civil
penalties set forth in the ordinance, if any; and
(d) Authorize any other action to prevent the sale or
consumption of any food or drink that violates any requirements
established by a local board of health pursuant to [NRS 446.861.]
section 20 of this act.
2. For any person who engages in sidewalk vending without
holding a permit or license for sidewalk vending or who engages in
sidewalk vending in a prohibited area, a city council or other

– 34 –

- 83rd Session (2025)
governing body of an incorporated city, or a designee of the city
council or other governing body, may also ta ke any other action
authorized under existing law to enforce any prohibition on
unlicensed business activities, including, without limitation, any
action authorized pursuant to NRS 268.097994.
Sec. 58. NRS 341.100 is hereby amended to read as follows:
341.100 1. The Administrator and the Deputy Administrator
of the Public Works - Compliance and Code Enforcement Section
serve at the pleasure of the Director of the Department.
2. The Administrator shall appoint:
(a) A Deputy Administrator of the Public Works - Professional
Services Section; and
(b) A Deputy Administrator of the Buildings and Grounds
Section.
 Each deputy administrator appointed pursuant to this subsection
serves at the pleasure of the Administrator.
3. The Administrator shall recommend and the Director shall
appoint a Deputy Administrator of the Public Works - Compliance
and Code Enforcement Section. The Deputy Administrator
appointed pursuant to this subsection has the final authority in the
interpretation and enforcement of any applicable building codes.
4. The Administrator may appoint such other technical and
clerical assistants as may be necessary to carry into effect the
provisions of this chapter.
5. The Administrator and each deputy admin istrator are in the
unclassified service of the State. Except as otherwise provided in
NRS 284.143, the Administrator and each deputy administrator shall
devote his or her entire time and attention to the business of the
office and shall not pursue any oth er business or occupation or hold
any other office of profit.
6. The Administrator must:
(a) Have a master’s degree or doctoral degree in civil or
environmental engineering, architecture, public administration or a
related field and experience in manage ment, public administration
or public policy; or
(b) Be a licensed professional engineer pursuant to the
provisions of chapter 625 of NRS or an architect registered pursuant
to the provisions of chapter 623 of NRS.
7. The Deputy Administrator of the:
(a) Public Works - Professional Services Section must be a
licensed professional engineer pursuant to the provisions of chapter
625 of NRS or an architect registered pursuant to the provisions of
chapter 623 of NRS.

– 35 –

- 83rd Session (2025)
(b) Public Works - Compliance and Code E nforcement Section
must have a comprehensive knowledge of building codes and a
working knowledge of the principles of engineering or architecture
as determined by the Administrator.
8. The Administrator shall:
(a) Serve as the Secretary of the Board.
(b) Manage the daily affairs of the Division.
(c) Represent the Board and the Division before the Legislature.
(d) Prepare and submit to the Board, for its approval, the
recommended priority for proposed capital improvement projects
and provide the Board with an estimate of the cost of each project.
(e) Select architects, engineers and contractors.
(f) Accept completed projects.
(g) Submit in writing to the Director of the Department, the
Governor and the Interim Finance Committee a monthly report
regarding all public works projects which are a part of the approved
capital improvement program. For each such project, the monthly
report must include, without limitation, a detailed description of the
progress of the project which highlights any specifi c events,
circumstances or factors that may result in:
(1) Changes in the scope of the design or construction of the
project or any substantial component of the project which increase
or decrease the total square footage or cost of the project by 10
percent or more;
(2) Increased or unexpected costs in the design or
construction of the project or any substantial component of the
project which materially affect the project;
(3) Delays in the completion of the design or construction of
the project or any substantial component of the project; or
(4) Any other problems which may adversely affect the
design or construction of the project or any substantial component
of the project.
(h) Have final authority to approve the architecture of all
buildings, pl ans, designs, types of construction, major repairs and
designs of landscaping.
9. The Deputy Administrator of the Public Works -
Compliance and Code Enforcement Section shall:
(a) Serve as the building official for all buildings and structures
on property of the State or held in trust for any division of the State
Government; and
(b) Consult with an agency or official that is considering
adoption of a regulation described in NRS [446.942,] 449.345,
455C.115, 461.173 or 477.0325 or section 42 of this act and

– 36 –

- 83rd Session (2025)
provide recommendations regarding how the regulation, as it applies
to buildings and structures on property of this State or held in trust
for any division of the State Government, may be made consistent
with other regulations which apply to such buildings or structures.
Sec. 59. NRS 426.700 is hereby amended to read as follows:
426.700 A licensee operating a vending facility under the
provisions of NRS 426.630 to 426.715, inclusive, is subject to:
1. The provisions of any and all laws and ordinances applying
within the territory within which the vending facility is located,
including those requiring a license or permit for the conduct of such
business or any particular aspect thereof.
2. The provisions of [chapter 446 of NRS. ] sections 2 to 44,
inclusive, of this act.
Sec. 60. NRS 439.200 is hereby amended to read as follows:
439.200 1. The State Board of Health may by affirmative
vote of a majority of its members adopt, amend an d enforce
reasonable regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests
of the public health.
(d) [To provide for the sanitary protection of water and food
supplies.
(e)] To govern and define the powers and duties of local boards
of health and health officers, except with respect to the provisions of
NRS 444.440 to 444.620, inclusive, 444.650, 445A.170 to
445A.955, inclusive, and chapter 445B of NRS.
[(f)] (e) To protect and promote the public health generally.
[(g)] (f) To carry out all other purposes of this chapter.
2. Except as otherwise provided in NRS 444.650, those
regulations have the effect of law and supersede all local ordinances
and regulations inconsistent therewith, except those local ordinances
and regulations which are more stringent than the regulations
provided for in this section.
3. The State Board of Health may grant a variance fr om the
requirements of a regulation if it finds that:
(a) Strict application of that regulation would result in
exceptional and undue hardship to the person requesting the
variance; and
(b) The variance, if granted, would not:
(1) Cause substantial detriment to the public welfare; or
(2) Impair substantially the purpose of that regulation.

– 37 –

- 83rd Session (2025)
4. Each regulation adopted by the State Board of Health must
be published immediately after adoption and issued in pamphlet
form for distribution to local health officers and the residents of the
State.
Sec. 61. NRS 439.366 is hereby amended to read as follows:
439.366 1. The district board of health has the powers, duties
and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public
health matters in the health district.
3. In addition to any other powers, duties and authority
conferred on a district board of health by this section, the district
board of health may by affirmative vote of a majority of all the
members of the board adopt regulations consistent with law, which
must take effect immediately on their approval by the State Board of
Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of
the public health;
(c) [Provide] Consistent with any regulations adopted by the
State Department of Agriculture pursuant to section 14 of this act,
provide for the sanitary protection of water and food supplies;
(d) Protect and promote the public health generally in the
geographical area subject to the jurisdiction of the health district;
and
(e) Improve the quality of health care services for members of
minority groups and medically underserved populations.
4. Before the adoption, amendment or repeal of a regulation,
the district board of health must give at least 30 days’ notice of its
intended action. The notice must:
(a) Include a statement of either the terms or substance of the
proposal or a description of the subjects and issues involved, and of
the time when, the place where and the manner in which interested
persons may present their views thereon;
(b) State each address at which the text of the proposal may be
inspected and copied; and
(c) Be mailed to all persons who have requested in writing that
they be placed on a mailing list, which must be kept by the board for
such purpose.
5. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments, ora lly or in writing,
on the intended action to adopt, amend or repeal the regulation.
With respect to substantive regulations, the district board of health
shall set a time and place for an oral public hearing, but if no one

– 38 –

- 83rd Session (2025)
appears who will be directly affe cted by the proposal and requests
an oral hearing, the district board of health may proceed
immediately to act upon any written submissions. The district board
of health shall consider fully all written and oral submissions
respecting the proposal.
6. The district board of health shall file a copy of all of its
adopted regulations with the county clerk.
Sec. 62. NRS 439.410 is hereby amended to read as follows:
439.410 1. The district board of health has the powers, dut ies
and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public
health matters in the health district, except in matters concerning
emergency medical services pursuant to the provis ions of chapter
450B of NRS.
3. In addition to any other powers, duties and authority
conferred on a district board of health by this section, the district
board of health may by affirmative vote of a majority of all the
members of the board adopt regula tions consistent with law, which
must take effect immediately on their approval by the State Board of
Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of
the public health;
(c) [Provide] Consistent with any regulations adopted by the
State Department of Agriculture pursuant to section 14 of this act,
provide for the sanitary protection of water and food supplies; and
(d) Protect and promote the public health generally in the
geographical area subject to the jurisdiction of the health district.
4. Before the adoption, amendment or repeal of a regulation,
the district board of health must give at least 30 days’ notice of its
intended action. The notice must:
(a) Include a statement of eit her the terms or substance of the
proposal or a description of the subjects and issues involved, and of
the time when, the place where and the manner in which interested
persons may present their views thereon.
(b) State each address at which the text of the proposal may be
inspected and copied.
(c) Be mailed to all persons who have requested in writing that
they be placed on a mailing list, which must be kept by the district
board for such purpose.
5. All interested persons must be afforded a reasonabl e
opportunity to submit data, views or arguments, orally or in writing,
on the intended action to adopt, amend or repeal the regulation.

– 39 –

- 83rd Session (2025)
With respect to substantive regulations, the district board shall set a
time and place for an oral public hearing, but if no one appears who
will be directly affected by the proposal and requests an oral
hearing, the district board may proceed immediately to act upon any
written submissions. The district board shall consider fully all
written and oral submissions respecting the proposal.
6. Each district board of health shall file a copy of all of its
adopted regulations with the county clerk of each county in which it
has jurisdiction.
Sec. 63. NRS 439.4905 is hereby amended to read as follows:
439.4905 1. Unless an exemption is approved pursuant to
subsection 3, each county shall pay an assessment to the Division, in
an amount determined by the Division, for the costs of services
provided in that county by the Division or by the Chief Medical
Officer, including, without limitation, services provided pursuant to
this chapter and chapters 441A, 444 [, 446] and 583 of NRS and the
regulations adopted pursuant to those chapters, regardless of
whether the county has a local health authority.
2. Each county shall pay the assessment to the Division in
quarterly installments that are due on the first day of the first month
of each calendar quarter.
3. A county may submit a proposal to the Governor for the
county to carry out the services that would otherwise be provided by
the Division or the Chief Medical Officer pursuant to this chapter
and chapters 441A, 444 [, 446] and 583 of NRS and the regulations
adopted pursuant to those chapters. If the Governor approves
the proposal, the Governor sh all submit a recommendation to the
Interim Finance Committee to exempt the county from the
assessment required pursuant to subsection 1. The Interim Finance
Committee, upon receiving the recommendation from the Governor,
shall consider the proposal and det ermine whether to approve the
exemption. In considering whether to approve the exemption, the
Interim Finance Committee shall consider, among other things,
the best interests of the State, the effect of the exemption and the
intent of the Legislature in r equiring the assessment to be paid by
each county.
4. An exemption that is approved by the Interim Finance
Committee pursuant to subsection 3 must not become effective until
at least 6 months after that approval.
5. A county that receives approval purs uant to subsection 3 to
carry out the services that would otherwise be provided by the
Division or the Chief Medical Officer pursuant to this chapter and
chapters 441A, 444 [, 446 ] and 583 of NRS and the regulations

– 40 –

- 83rd Session (2025)
adopted pursuant to those chapters shall carry out those services in
the manner set forth in those chapters and regulations.
6. The Division may adopt such regulations as necessary to
carry out the provisions of this section.
Sec. 64. NRS 439.532 is hereby amended to read as follows:
439.532 1. Unless federal law or regulation otherwise
requires, a person shall not sell or offer to sell any commodity or
product containing hemp which is intended for human consumption
or any other commodity or product that purports to contain
cannabidiol with a THC concentration that does not exceed the
maximum THC concentration established by federal law for hemp
unless such a commodity or product:
(a) Has been tested by an independent testing laboratory and
meets the stan dards established by regulation of the Department
pursuant to subsection 3; and
(b) Is labeled in accordance with the regulations adopted by the
Department pursuant to subsection 3.
2. A person who produces or offers for sale a commodity or
product described in subsection 1 may submit such a commodity or
product to a cannabis independent testing laboratory for testing
pursuant to this section and a cannabis independent testing
laboratory may perform such testing.
3. The Department shall adopt regulat ions requiring the testing
and labeling of any commodity or product described in subsection 1.
Such regulations must:
(a) Set forth protocols and procedures for the testing of the
commodities and products described in subsection 1;
(b) Identify contamina nts of the commodities and products
described in subsection 1 which are foods that contain an approved
hemp component, as defined in [NRS 446.844,] section 18 of this
act, and prescribe tolerances for such contaminants; and
(c) Require that any commodity or product described in
subsection 1 is labeled in a manner that is not false or misleading in
accordance with the applicable provisions of [chapters 446] sections
2 to 44, inclusive, of this act and chapter 585 of NRS.
4. As used in this section:
(a) “Cannabis independent testing laboratory” has the meaning
ascribed to it in NRS 678A.115.
(b) “Food” has the meaning ascribed to it in [NRS 446.017. ]
section 5 of this act.
(c) “Hemp” has the meaning ascribed to it in NRS 557.160.

– 41 –

- 83rd Session (2025)
(d) “Intended for huma n consumption” means intended for
ingestion or inhalation by a human or for topical application to the
skin or hair of a human.
(e) “THC” has the meaning ascribed to it in NRS 453.139.
Sec. 65. NRS 444.350 is hereby amended to read as follows:
444.350 1. Any construction, alteration or change in the use
of a building or other structure in this State must be in compliance
with the Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials in the form most recently
adopted by that Association, unless the State Public Works Board
posts a notice of disapproval of any amendment to the Code
pursuant to subsection 5.
2. Any city or county may adopt such modifications as are
deemed reasonably necessary because of its geographic, topographic
or climatic conditions. Any city or county desiring to make changes
to the Uniform Plumbing Code must, before its adoption, submit the
Code with the proposed amendments to the State Public Works
Board.
3. No city or county may allow the use of any solder or flux
that contains more than 0.2 percent lead or allow the use of any pipe
or pipe fitting that contains more than 8 percent lead in t he
installation or repair of a public water system or any residence or
facility connected to a public water system. As used in this
subsection, “public water system” has the meaning ascribed to it in
NRS 445A.840.
4. A facility used by members of the public whose construction
or renovation begins on or after January 1, 1994, must provide on its
premises a sufficient number of water closets and urinals to comply
with the minimum standards set forth in the Uniform Plumbing
Code. As used in this subsection, “facility used by members of the
public” means any motion picture house, theater, concert hall,
community hall, sports arena, stadium, ski resort or other permanent
place of exhibition or entertaining to which members of the public
are invited or which is intended for public use. The term does not
include:
(a) A hotel as defined in NRS 447.010.
(b) A food establishment as defined in [NRS 446.020.] section 6
of this act.
(c) A children’s camp as defined in NRS 444.220.
(d) A historic structure as defined in NRS 244A.6825.
(e) A public or private school.
(f) A convention hall.

– 42 –

- 83rd Session (2025)
5. The Chair of the State Public Works Board or the Chair’s
designee shall review each amendment to the Uniform Plumbing
Code and approve or disapprove of the amendment for use i n
Nevada. If the Chair does not post a notice of disapproval within 30
days after an amendment is published, the amendment shall be
deemed approved for this State.
6. As used in this section, unless the context otherwise
requires, “convention hall” means a facility which incorporates both
space for exhibitions and a substantial number of smaller spaces for
meetings, and which is primarily for use by trade shows, public
shows, conventions or related activities.
Sec. 66. NRS 557.190 is hereby amended to read as follows:
557.190 The provisions of this chapter do not apply to:
1. A person who purchases, for the purpose of resale, hemp or
a commodity or product made using hemp which was not grown or
processed by the person;
2. A person who transports hemp or a commodity or product
made using hemp which was not grown or processed by the person;
or
3. A person described in [NRS 446.844] section 18 of this act
who, for the purpose of engaging in any of the activities set forth in
[NRS 446.844,] section 18 of this act, purchases or handles hemp or
a commodity or product made using hemp which was not grown or
processed by the person,
 if such a person reasonably believes the hemp or commodity or
product made using hemp was grown or processed in compliance
with the provisions of this chapter.
Sec. 67. NRS 576.128 is hereby amended to read as follows:
576.128 1. The Department shall adopt regulations pursuant
to which a person who is an actual producer of farm products other
than any livestock, livestock product or poultry must obtain
certification as an actual producer of farm products. The regulations
may include provisions for the certification by reciprocity of a
person who holds a si milar certification from another jurisdiction
where the requirements for that certification are substantially equal
to the requirements in this state.
2. The Department may impose fees for the certification of a
person as an actual producer of farm produ cts specified in
subsection 1 and any inspections necessary for that certification.
The fees must be set in an amount which approximates the cost to
the Department of performing those services and activities.
3. A person who obtains certification pursuant to this section is
exempt from any:

– 43 –

- 83rd Session (2025)
(a) Tax or other fee imposed pursuant to NRS 244.335, 266.355,
subsection 7 of NRS 266.600, NRS 268.095, 269.170 or 269.175,
relating to the issuance of any license to sell or offer to sell, in its
natural and unprocessed state directly to any consumer, restaurant or
grocery store, farm products specified in subsection 1 for which the
person has obtained certification pursuant to this section.
(b) Fee imposed for:
(1) The issuance of a permit pursuant to the provisi ons of
[chapter 446 of NRS ] sections 2 to 44, inclusive, of this act to sell
or offer to sell, in its natural and unprocessed state directly to any
consumer, restaurant or grocery store, farm products specified in
subsection 1 for which the person has obtained certification pursuant
to this section; or
(2) Any inspection conducted pursuant to the provisions of
[chapter 446 of NRS] sections 2 to 44, inclusive, of this act relating
to such a sale or offer to sell.
Sec. 68. NRS 597.7629 is hereby amended to read as follows:
597.7629 1. “Food dispensing establishment” means a food
establishment that prepares and serves food intended for immediate
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) “Food establishment” has the meaning ascribed to it in [NRS
446.020.] section 6 of this act.
(c) “Grocery store” has the meaning ascribed to it in
NRS 597.225.
Sec. 69. NRS 678B.290 is hereby amended to read as follows:
678B.290 1. The Board shall establish standards for and
certify one or more cannabis independent testing laboratories to:
(a) Test cannabis for adult use and adult -use cannabis products
that are to be sold in this State;
(b) Test cannabis for medical use and medical cannabis products
that are to be sold in this State; and
(c) In addition to the testing described in paragraph (a) or (b),
test commodities or products containing hemp, as defined in NRS
557.160, or cannabidiol which are intended for human or animal
consumption and sold by a cannabis establishment or a person
described in [NRS 446.844.] section 18 of this act.
2. Such a cannabis independent testing laboratory must be able
to:

– 44 –

- 83rd Session (2025)
(a) Determine accurately, with respect to cannabis or cannabis
products that are sold or will be sold at cannabis sales facilities in
this State:
(1) The concentration therein of THC and cannabidiol.
(2) The presence and identification of microbes, molds and
fungi.
(3) The composition of the tested material.
(4) The presence of chemicals in the tested material,
including, without limitation, pesticides, heavy metals, herbicides or
growth regulators.
(b) Demonstrate the validity and accuracy of the methods used
by the cannabis independent testing laboratory to test cannabis and
cannabis products.
3. To obtain a license to operate a cannabis independent testing
laboratory, an applicant must:
(a) Apply successfully as required pursuant to NRS 678B.210 or
678B.250, as applicable.
(b) Pay the fees required pursuant to NRS 678B.390.
(c) Agree to become accredited pursuant to standard I SO/IEC
17025 of the International Organization for Standardization within 1
year after licensure by an impartial organization that operates in
accordance with standard ISO/IEC 17011 of the International
Organization for Standardization and is a signatory t o the Mutual
Recognition Arrangement of the International Laboratory
Accreditation Cooperation.
Sec. 70. NRS 678B.520 is hereby amended to read as follows:
678B.520 1. Each cannabis establishment shall, in
consultation w ith the Board, cooperate to ensure that all cannabis
products offered for sale:
(a) Are labeled clearly and unambiguously:
(1) As cannabis with the words “THIS PRODUCT
CONTAINS CANNABIS” in bold type; and
(2) As required by the provisions of this chapter and chapters
678C and 678D of NRS.
(b) Are not presented in packaging that contains an image of a
cartoon character, mascot, action figure, balloon or toy, except that
such an item may appear in the logo of the cannabis production
facility which produced the product.
(c) Are regulated and sold on the basis of the concentration of
THC in the products and not by weight.
(d) Are packaged and labeled in such a manner as to allow
tracking by way of an inventory control system.

– 45 –

- 83rd Session (2025)
(e) Are not packaged and labeled in a manner which is modeled
after a brand of products primarily consumed by or marketed to
children.
(f) Are labeled in a manner which indicates the amount of THC
in the product, measured in milligrams, and includes a statement
that the product contains cannabis and its potency was tested with an
allowable variance of the amount determined by the Board by
regulation.
(g) Are not labeled or marketed as candy.
(h) Are labeled with:
(1) The words “Keep out of reach of children”;
(2) A list of all ingredients used in the cannabis product;
(3) A list of all major food allergens in the cannabis product;
and
(4) Any other information the Board may require by
regulation.
2. A cannabis production facility shall not produce cannabis
products in any form that:
(a) Is or appears to be a lollipop.
(b) Bears the likeness or contains characteristics of a real or
fictional person, animal or fruit, including, without limitation, a
caricature, cartoon or artistic rendering.
(c) Is modeled after a brand of products primarily consumed by
or marketed to children.
(d) Is made by applying concentrated cannabis, as defined in
NRS 453.042, to a commercially available candy or snack food item
other than dried fruit, nuts or granola.
3. A cannabis production facility shall:
(a) Seal any cannabis product that consists of cookies or
brownies in a bag or other container which is not transparent.
(b) Maintain a hand washing area with hot water, soap and
disposable towels which is located away from any area in which
cannabis products are cooked or otherwise prepared.
(c) Require each person who handles cannabis products to
restrain his or her hair, wear clean clothing and keep his or her
fingernails neatly trimmed.
(d) Package all cannabis products produced by the cannabis
production facility on the premises of the cannabis production
facility.
4. A cannabis establishment shall not engage in advertising that
in any way makes cannabis or cannabis products appeal to children,
including, without limitation, a dvertising which uses an image of a
cartoon character, mascot, action figure, balloon, fruit or toy.

– 46 –

- 83rd Session (2025)
5. Each cannabis sales facility shall offer for sale containers for
the storage of cannabis and cannabis products which lock and are
designed to prohibit children from unlocking and opening the
container.
6. A cannabis sales facility shall:
(a) Convey to each purchaser of cannabis or cannabis products
the following information in a manner prescribed by the Board:
(1) To keep cannabis and cannabis prod ucts out of the reach
of children;
(2) That cannabis products can cause severe illness in
children;
(3) That allowing children to ingest cannabis or cannabis
products or storing cannabis or cannabis products in a location
which is accessible to childre n may result in an investigation by an
agency which provides child welfare services or criminal
prosecution for child abuse or neglect;
(4) That the intoxicating effects of edible cannabis products
may be delayed by 2 hours or more and users of edible ca nnabis
products should initially ingest a small amount of the product, then
wait at least 120 minutes before ingesting any additional amount of
the product;
(5) That pregnant women should consult with a physician
before ingesting cannabis or cannabis products;
(6) That ingesting cannabis or cannabis products with
alcohol or other drugs, including prescription medication, may result
in unpredictable levels of impairment and that a person should
consult with a physician before doing so;
(7) That cannabi s or cannabis products can impair
concentration, coordination and judgment and a person should not
operate a motor vehicle while under the influence of cannabis or
cannabis products; and
(8) That ingestion of any amount of cannabis or cannabis
products before driving may result in criminal prosecution for
driving under the influence.
(b) Enclose all cannabis and cannabis products in opaque, child -
resistant packaging upon sale.
7. A cannabis sales facility shall allow any person who is at
least 21 year s of age to enter the premises of the cannabis sales
facility.
8. If the [health] food safety authority, as defined in [NRS
446.050,] section 9 of this act, where a cannabis production facility,
cannabis sales facility or cannabis consumption lounge which sells
edible cannabis products is located requires persons who handle

– 47 –

- 83rd Session (2025)
food at a food establishment to obtain certification, the cannabis
production facility, cannabis sales facility or cannabis consumption
lounge shall ensure that at least one employ ee maintains such
certification.
9. A cannabis production facility may sell a commodity or
product made using hemp, as defined in NRS 557.160, or containing
cannabidiol to a cannabis sales facility.
10. In addition to any other product authorized by th e
provisions of this title, a cannabis sales facility may sell:
(a) Any commodity or product made using hemp, as defined in
NRS 557.160;
(b) Any commodity or product containing cannabidiol with a
THC concentration of not more than 0.3 percent; and
(c) Any other product specified by regulation of the Board.
11. A cannabis establishment:
(a) Shall not engage in advertising which contains any statement
or illustration that:
(1) Is false or misleading;
(2) Promotes overconsumption of cannabis or canna bis
products;
(3) Depicts the actual consumption of cannabis or cannabis
products; or
(4) Depicts a child or other person who is less than 21 years
of age consuming cannabis or cannabis products or objects
suggesting the presence of a child, including, without limitation,
toys, characters or cartoons, or contains any other depiction which is
designed in any manner to be appealing to or encourage
consumption of cannabis or cannabis products by a person who is
less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television
or any other medium if 30 percent or more of the audience of that
medium is reasonably expected to be persons who are less than 21
years of age.
(c) Shall not place an advertisement:
(1) Within 1,000 fee t of a public or private school,
playground, public park or library, but may maintain such an
advertisement if it was initially placed before the school,
playground, public park or library was located within 1,000 feet of
the location of the advertisement;
(2) On or inside of a motor vehicle used for public
transportation or any shelter for public transportation;
(3) At a sports event to which persons who are less than 21
years of age are allowed entry; or

– 48 –

- 83rd Session (2025)
(4) At an entertainment event if it is reason ably estimated
that 30 percent or more of the persons who will attend that event are
less than 21 years of age.
(d) Shall not advertise or offer any cannabis or cannabis product
as “free” or “donated” without a purchase.
(e) Shall ensure that all adverti sing by the cannabis
establishment contains such warnings as may be prescribed by the
Board, which must include, without limitation, the following words:
(1) “Keep out of reach of children”; and
(2) “For use only by adults 21 years of age and older.”
(f) Shall ensure that all advertising by the cannabis
establishment contains:
(1) The name of the cannabis establishment; and
(2) Except as otherwise provided in subsection 12, the adult -
use cannabis establishment license number or medical cannabis
establishment license number of the cannabis establishment or any
other unique identifier assigned to the cannabis establishment by the
Board.
12. A cannabis establishment that holds more than one license
may satisfy the requirement set forth in subparagrap h (2) of
paragraph (f) of subsection 11 if the cannabis establishment includes
in all advertising conducted by the cannabis establishment:
(a) Any one of the adult -use cannabis establishment license
numbers or medical cannabis establishment license numbers of the
cannabis establishment; or
(b) Any one unique identifier assigned to the cannabis
establishment by the Board.
13. Nothing in s ubsection 11 shall be construed to prohibit a
local government, pursuant to chapter 244, 268 or 278 of NRS, from
adopting an ordinance for the regulation of advertising relating to
cannabis which is more restrictive than the provisions of subsection
11 relating to:
(a) The number, location and size of signs, including, without
limitation, any signs carried or displayed by a natural person;
(b) Handbills, pamphlets, cards or other types of advertisements
that are distributed, excluding an advertisement pla ced in a
newspaper of general circulation, trade publication or other form of
print media;
(c) Any stationary or moving display that is located on or near
the premises of a cannabis establishment; and
(d) The content of any advertisement used by a cannab is
establishment if the ordinance sets forth specific prohibited content
for such an advertisement.

– 49 –

- 83rd Session (2025)
14. If a cannabis establishment engages in advertising for
which it is required to determine the percentage of persons who are
less than 21 years of age a nd who may reasonably be expected to
view or hear the advertisement, the cannabis establishment shall
maintain documentation for not less than 5 years after the date on
which the advertisement is first broadcasted, published or otherwise
displayed that dem onstrates the manner in which the cannabis
establishment determined the reasonably expected age of the
audience for that advertisement.
15. To the extent that they are inconsistent or otherwise
conflict with the regulations adopted by the Board pursuant to NRS
678D.480, the requirements of this section pertaining to cannabis
products do not apply to ready -to-consume cannabis products
prepared and sold by a cannabis consumption lounge.
16. In addition to any other penalties provided for by law, the
Board may impose a civil penalty upon a cannabis establishment
that violates the provisions of subsection 11 or 14 as follows:
(a) For the first violation in the immediately preceding 2 years, a
civil penalty not to exceed $1,250.
(b) For the second violatio n in the immediately preceding 2
years, a civil penalty not to exceed $2,500.
(c) For the third violation in the immediately preceding 2 years,
a civil penalty not to exceed $5,000.
(d) For the fourth violation in the immediately preceding 2
years, a civil penalty not to exceed $10,000.
17. As used in this section, “motor vehicle used for public
transportation” does not include a taxicab, as defined in
NRS 706.124.
Sec. 71. The Director of the Department of Health and Human
Services shall coordinate with the Director of the State Department
of Agriculture to transfer employees whose primary duties relate to
food establishments pursuant to chapter 446 of NRS to the State
Department of Agriculture.
Sec. 72. 1. Any administrative regulations adopted by an
officer or an agency whose name has been changed or whose
responsibilities have been transferred pursuant to the provisions of
this act to ano ther officer or agency remain in force until amended
by the officer or agency to which the responsibility for the adoption
of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer
or agency whose name has b een changed or whose responsibilities
have been transferred pursuant to the provisions of this act to
another officer or agency are binding upon the officer or agency to

– 50 –

- 83rd Session (2025)
which the responsibility for the administration of the provisions of
the contract or other agreement has been transferred. Such contracts
and other agreements may be enforced by the officer or agency to
which the responsibility for the enforcement of the provisions of the
contract or other agreement has been transferred.
3. Any action tak en by an officer or agency whose name has
been changed or whose responsibilities have been transferred
pursuant to the provisions of this act to another officer or agency
remains in effect as if taken by the officer or agency to which the
responsibility fo r the enforcement of such actions has been
transferred.
Sec. 73. The Legislative Counsel shall, in preparing
supplements to the Nevada Administrative Code, appropriately
change any references to an officer, agency or other entity whose
name is changed or whose responsibilities are transferred pursuant
to the provisions of this act to refer to the appropriate officer,
agency or other entity.
Sec. 74. Notwithstanding the amendatory provisions o f this
act, any person who, on June 30, 2025, holds a permit issued by the
Division of Public and Behavioral Health of the Department of
Health and Human Services or a local health authority pursuant to
NRS 446.875, as that section existed on June 30, 2025 , is not
required to obtain a permit from the State Department of Agriculture
or other food safety authority pursuant to section 26 of this act until
the expiration of the permit issued pursuant to NRS 446.875, as that
section existed on June 30, 2025.
Sec. 75. Notwithstanding the amendatory provisions of this
act, any regulation adopted by a local board of health pursuant to
NRS 446.940, as that section existed on June 30, 2025, shall be
deemed to be approved by the State Department of Agriculture
pursuant to section 40 of this act.
Sec. 75.5. Notwithstanding the amendatory provisions of this
act, the State Department of Agriculture shall review the budget of
the Department, any fee charged to a food establishment pursuant to
chapter 446 of NRS, as that chapter existed on June 30, 2025, and
the assessments charged pursuant to NRS 439.4905, as that section
existed on June 30, 2025, to each county for services provided by
the Division of Publ ic and Behavioral Health of the Department of
Health and Human Services pursuant to chapter 446 of NRS and any
regulations adopted pursuant thereto to determine the amount of the
assessments that are necessary to ensure the financial solvency of
the State Department of Agriculture in providing all such services
pursuant to sections 2 to 44, inclusive, of this act and any

– 51 –

- 83rd Session (2025)
regulations adopted pursuant thereto . Based on the results of the
review conducted pursuant to this section , the State Department of
Agriculture may increase the assessments charged pursuant to
section 15 of this act.
Sec. 76. Notwithstanding the amendatory provisions of this
act, if a county has received an exemption from the Interim Finance
Committee pursuant to NRS 439.4905, as that section existed on
June 30, 2025, for the county to carry out the services that would
otherwise be provided by the Division of Public and Behavioral
Health of the Department of Health and Human Services or the
Chief Medical Officer pursuant to chapter 446 of NRS and the
regulations adopted pursuant thereto, the county shall be deemed to
be exempt f rom the assessment required to be paid to the State
Department of Agriculture pursuant to section 15 of this act for any
service provided by the State Department of Agriculture pursuant to
sections 2 to 44, inclusive, of this act and any regulations adopte d
pursuant thereto.
Sec. 77. NRS 446.0145, 446.017, 446.020, 446.030, 446.035,
446.050, 446.053, 446.057, 446.067, 446.069, 446.841, 446.842,
446.844, 446.846, 446.861, 446.865, 446.866, 446.868, 446.869,
446.870, 446.872, 446.875, 446.877, 446.880, 446.883, 446.885,
446.890, 446.895, 446.900, 446.920, 446.923, 446.925, 446.930,
446.935, 446.940, 446.941, 446.942, 446.943 and 446.945 are
hereby repealed.
Sec. 78. This act becomes effective on July 1, 2025.

20 ~~~~~ 25