Amendment No. 258

 

Assembly Amendment to Assembly Bill No. 497                                                              (BDR 40‑1199)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:

     “Section 1. Chapter 446 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2. “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. 1.  Any regulation adopted by the State Board of Health or a local board of health pursuant to NRS 446.940 that establishes a standard for the construction of a food establishment or the equipment required to be present in a food establishment shall 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.

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

     (a) A child care facility licensed pursuant to chapter 432A of NRS; or

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

     Sec. 4. 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 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.]”.

     Amend the title of the bill, second line, by deleting “regulation as” and inserting:

“certain regulations applicable to”.

     Amend the summary of the bill to read as follows:

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