Nev. Admin. Code § 446.035

Current through October 11, 2024
Section 446.035 - "Substantial health hazard" defined

"Substantial health hazard" means any factor or condition which has the potential to risk or cause injury to public health. Substantial health hazards include, but are not limited to, the following circumstances:

1. Food from an unapproved or unknown source, or food which is or may be adulterated, improperly labeled, misbranded, contaminated, showing evidence of temperature abuse or otherwise unfit for human consumption, which is found in a food establishment.
2. Potentially hazardous food (time/temperature control for safety food) is held longer than established allowable time parameters for preparation or service at an ambient temperature which is greater than 41°F (5°C) or less than 135°F (57.2 °C) or under any other condition capable of supporting the rapid growth of bacteria unless a waiver has been granted or time as a public health control is being properly used.
3. Potentially hazardous food (time/temperature control for safety food) served to customers or exposed to other contamination is served again.
4. A person infected with a communicable disease that can be transmitted by food is working as a food handler in an establishment.
5. A person employed in a food establishment not practicing strict standards of cleanliness and personal hygiene which may result in the potential transmission of illness through food.
6. Equipment, utensils and working surfaces are not cleaned and sanitized effectively and may contaminate food during preparation, storage or service.
7. Sewage or liquid waste is not disposed of in an approved and sanitary manner, or the sewage or liquid waste contaminates or may contaminate any food, areas used to store or prepare food, or an area frequented by customers or employees.
8. Toilets and facilities for washing hands are not provided, properly installed, designed, fully operable and accessible.
9. The supply of potable water is not approved or does not meet the applicable requirements for sampling and public notification set forth in chapter 445A of NRS and any regulations adopted pursuant thereto, and an operator does not use items intended for a single-use and bottled drinking water from an approved source.
10. A defect or condition exists in the system supplying potable water which may result in contamination of the water.
11. There exists the presence of insects, rodents or other animals which may result in contamination of food.
12. There exists poisonous or toxic materials which are labeled, stored or used improperly or inadequately.

Nev. Admin. Code § 446.035

Bd. of Health, Food Establishments Reg. Art. 1 § 1.1 subsec. 1.1.5, eff. 9-17-82; R069-10, 12-18-2013

NRS 439.200, 446.940