Senate Bill No. 352–Committee on Human
Resources and Facilities

 

CHAPTER..........

 

AN ACT relating to food establishments; excluding certain persons under certain circumstances from regulation as food handlers; clarifying that food prepared in a private home and given away at no charge is not subject to regulation as a food establishment under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 446.020 is hereby amended to read as follows:

   446.020  1.  Except as otherwise limited by subsection 2, “food

 establishment” means any place, structure, premises, vehicle or vessel, or

 any part thereof, in which any food intended for ultimate human

 consumption is manufactured or prepared by any manner or means

 whatever, or in which any food is sold, offered or displayed for sale or

 served.

   2.  The term does not include:

   (a) Private homes [;] , unless the food prepared or manufactured in the

 home is sold, or offered or displayed for sale or for compensation or

 contractual consideration of any kind;

   (b) Fraternal or social clubhouses at which attendance is limited to

 members of the club;

   (c) Vehicles operated by common carriers engaged in interstate

 commerce;

   (d) Any establishment in which religious, charitable and other nonprofit

 organizations sell food occasionally to raise money or in which charitable

 organizations receive salvaged food in bulk quantities for free distribution,

 unless the establishment is open on a regular basis to sell food to members

 of the general public;

   (e) Any establishment where animals are slaughtered which is regulated

 and inspected by the state department of agriculture;

   (f) Dairy farms and plants which process milk and products of milk or

 frozen desserts which are regulated under chapter 584 of NRS;

   (g) The premises of a wholesale dealer of alcoholic beverages licensed

 under chapter 369 of NRS who handles only [those] alcoholic beverages

 which are in sealed containers.

   Sec. 2. NRS 446.030 is hereby amended to read as follows:

   446.030  1.  “Food handler” means any person employed in or

 operating a food establishment, whether that person is an employer,

 employee or [independent individual] other natural person, who handles,

 stores, transports, prepares, manufactures, serves or sells food, or who

 comes in contact with eating or cooking utensils or other equipment used

 in the handling, preparation, manufacture, service [,] or sale of food.

   2.  The term does not include a person who only handles, stores,

 transports, sells or otherwise comes in contact with food that is

 permanently sealed or packaged for sale directly to the consumer and

 who, if the food is potentially hazardous food, handles the food only

occasionally or incidentally outside the normal and usual course and

scope of his responsibilities or employment.

   3.  As used in this section, “potentially hazardous food” has the

 meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food

 Code published by the Food and Drug Administration of the United

 States Department of Health and Human Services, unless the

 administrator of the health division of the department of human

 resources has adopted a later edition of the Food Code for this purpose.

   Sec. 3. NRS 446.870 is hereby amended to read as follows:

   446.870  1.  Except as otherwise provided in [subsection 2,] this

 section, it is unlawful for any person to operate a food establishment

 unless he possesses a valid permit issued to him by the health authority.

   2.  The health authority may exempt a food establishment from the

 provisions of this chapter if the health authority determines that the food

 which is sold, offered or displayed for sale, or served at the establishment

 does not constitute a potential or actual hazard to the public health.

   3.  Food that is prepared in a private home and given away free of

 charge or consideration of any kind is exempt from the provisions of this

 chapter, unless it is given to a food establishment.

   4.  Except as otherwise provided in subsection 5, food that is prepared

 in a private home must not be sold, or offered or displayed for sale or for

 compensation or contractual consideration of any kind, unless the

 person preparing the food possesses a valid permit issued to him by the

 health authority for that purpose.

   5.  A religious, charitable or other nonprofit organization may,

 without possessing a permit from the health authority, sell food

 occasionally to raise money, whether or not the food was prepared in a

 private home, if the sale occurs on the premises of the organization. If

 the sale is to occur off the premises of the organization, a permit from

 the health authority is required unless an exemption is granted pursuant

 to subsection 2.

   Sec. 4. This act becomes effective on July 1, 2001.

 

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