Nevada § 446.866 - Exemption from certain requirements; certain local governing bodies prevented from prohibiting cottage food operations; registration; fee; inspection

§ 446.866. Exemption from certain requirements; certain local governing bodies prevented from prohibiting cottage food operations; registration; fee; inspection

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 NRS 446.020 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 “MADE IN A COTTAGE 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 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

prohibits 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 health authority

by submitting such information as the health 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 food 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 health 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 health

authority to establish and maintain a registry of cottage food operations. 5. The health 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 with the health authority in any such

inspection. If, as a result of such inspection, the health 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 contaminated food item, the health authority may charge and

collect from the cottage food operation a fee in an amount that does not exceed the

actual cost of the health authority to conduct the investigation. 6. As used in this section: (a) “ Cottage food operation ” means a natural person who manufactures or prepares food items in his or her private

home or, if allowed by the health 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 $35,000 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.