(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

March 15, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions regarding regulation of food establishments. (BDR 40‑1489)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

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

1-3  establishment” means any place, structure, premises, vehicle or vessel, or

1-4  any part thereof, in which any food intended for ultimate human

1-5  consumption is manufactured or prepared by any manner or means

1-6  whatever, or in which any food is sold, offered or displayed for sale or

1-7  served.

1-8    2.  The term does not include:

1-9    (a) Private homes [;] , unless the food prepared or manufactured in the

1-10  home is sold, or offered or displayed for sale or for compensation or

1-11  contractual consideration of any kind;

1-12    (b) Fraternal or social clubhouses at which attendance is limited to

1-13  members of the club;

1-14    (c) Vehicles operated by common carriers engaged in interstate

1-15  commerce;

1-16    (d) Any establishment in which religious, charitable and other nonprofit

1-17  organizations sell food occasionally to raise money or in which charitable

1-18  organizations receive salvaged food in bulk quantities for free distribution,

1-19  unless the establishment is open on a regular basis to sell food to members

1-20  of the general public;

2-1    (e) Any establishment where animals are slaughtered which is regulated

2-2  and inspected by the state department of agriculture;

2-3    (f) Dairy farms and plants which process milk and products of milk or

2-4  frozen desserts which are regulated under chapter 584 of NRS; [or]

2-5    (g) The premises of a wholesale dealer of alcoholic beverages licensed

2-6  under chapter 369 of NRS who handles only [those] alcoholic beverages

2-7  which are in sealed containers[.] ; or

2-8    (h) The premises of a wholesale dealer of nonalcoholic beverages

2-9  who:

2-10      (1) Handles only nonalcoholic beverages which are in sealed

2-11  containers and which were manufactured, prepared or bottled in a food

2-12  processing establishment approved by the health authority; and

2-13      (2) Does not manufacture, prepare or bottle such beverages on the

2-14  premises.

2-15    Sec. 2. NRS 446.030 is hereby amended to read as follows:

2-16    446.030  1.  “Food handler” means any person employed in or

2-17  operating a food establishment, whether that person is an employer,

2-18  employee or [independent individual] other natural person, who handles,

2-19  stores, transports, prepares, manufactures, serves or sells food, or who

2-20  comes in contact with eating or cooking utensils or other equipment used in

2-21  the handling, preparation, manufacture, service [,] or sale of food.

2-22    2.  The term does not include a person who only handles, stores,

2-23  transports, sells or otherwise comes in contact with food that is

2-24  permanently sealed or packaged for sale directly to the consumer and

2-25  who, if the food is potentially hazardous food, handles the food only

2-26  occasionally or incidentally outside the normal and usual course and

2-27  scope of his responsibilities or employment.

2-28    3.  As used in this section, “potentially hazardous food” has the

2-29  meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food

2-30  Code published by the Food and Drug Administration of the United

2-31  States Department of Health and Human Services, unless the

2-32  administrator of the health division of the department of human

2-33  resources has adopted a later edition of the Food Code for this purpose.

2-34    Sec. 3. NRS 446.870 is hereby amended to read as follows:

2-35    446.870  1.  Except as otherwise provided in [subsection 2,] this

2-36  section, it is unlawful for any person to operate a food establishment unless

2-37  he possesses a valid permit issued to him by the health authority.

2-38    2.  The health authority may exempt a food establishment from the

2-39  provisions of this chapter if the health authority determines that the food

2-40  which is sold, offered or displayed for sale, or served at the establishment

2-41  does not constitute a potential or actual hazard to the public health.

2-42    3.  Food that is prepared in a private home and given away free of

2-43  charge or consideration of any kind is exempt from the provisions of this

2-44  chapter, unless it is given to a food establishment.

2-45    4.  Except as otherwise provided in subsection 5, food that is prepared

2-46  in a private home must not be sold, or offered or displayed for sale or for

2-47  compensation or contractual consideration of any kind, unless the

2-48  person preparing the food possesses a valid permit issued to him by the

2-49  health authority for that purpose.

3-1    5.  A religious, charitable or other nonprofit organization may,

3-2  without possessing a permit from the health authority, sell food

3-3  occasionally to raise money, whether or not the food was prepared in a

3-4  private home, if the sale occurs on the premises of the organization. If

3-5  the sale is to occur off the premises of the organization, a permit from the

3-6  health authority is required unless an exemption is granted pursuant to

3-7  subsection 2.

3-8    Sec. 4. This act becomes effective on July 1, 2001.

 

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