(Reprinted with amendments adopted on April 15, 2003)

 

Assembly Bill No. 497–Committee on
Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Exempts licensed child care facility from certain regulations applicable to food establishment. (BDR 40‑1199)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to food establishments; exempting a licensed child care facility from certain regulations applicable to a food establishment; 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. Chapter 446 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  “Potentially hazardous food” has the meaning

1-4  ascribed to it in subpart 1-201 of the 1999 edition of the Food

1-5  Code published by the Food and Drug Administration of the

1-6  United States Department of Health and Human Services, unless

1-7  the Administrator of the Health Division of the Department of

1-8  Human Resources has adopted a later edition of the Food Code

1-9  for this purpose.

1-10      Sec. 3.  1.  Any regulation adopted by the State Board of

1-11  Health or a local board of health pursuant to NRS 446.940 that

1-12  establishes a standard for the construction of a food establishment

1-13  or the equipment required to be present in a food establishment

1-14  shall not apply to any child care facility that limits its menu to:

1-15      (a) Food that does not constitute a potential or actual hazard

1-16  to the public health; and

2-1  (b) Potentially hazardous food that has been:

2-2       (1) Commercially prepared and precooked; or

2-3       (2) Pasteurized.

2-4  2.  As used in this section, “child care facility” includes:

2-5  (a) A child care facility licensed pursuant to chapter 432A of

2-6  NRS; or

2-7  (b) A child care facility licensed by a city or county.

2-8  Sec. 4.  NRS 446.030 is hereby amended to read as follows:

2-9  446.030  1.  “Food handler” means any person employed in or

2-10  operating a food establishment, whether that person is an employer,

2-11  employee or other natural person, who handles, stores, transports,

2-12  prepares, manufactures, serves or sells food, or who comes in

2-13  contact with eating or cooking utensils or other equipment used in

2-14  the handling, preparation, manufacture, service or sale of food.

2-15      2.  The term does not include a person who only handles, stores,

2-16  transports, sells or otherwise comes in contact with food that is

2-17  permanently sealed or packaged for sale directly to the consumer

2-18  and who, if the food is potentially hazardous food, handles the food

2-19  only occasionally or incidentally outside the normal and usual

2-20  course and scope of his responsibilities or employment.

2-21      [3.  As used in this section, “potentially hazardous food” has the

2-22  meaning ascribed to it in subpart 1-201 of the 1999 edition of the

2-23  Food Code published by the Food and Drug Administration of

2-24  the United States Department of Health and Human Services, unless

2-25  the Administrator of the Health Division of the Department of

2-26  Human Resources has adopted a later edition of the Food Code for

2-27  this purpose.]

2-28      Sec. 5.  This act becomes effective on July 1, 2003.

 

2-29  H