Nev. Admin. Code § 446.042

Current through October 11, 2024

Section 446.042 - Exemption from requirements; revocation of exemption

1. For a food establishment to be exempted pursuant to the provisions of this chapter, it must:

(a) Provide restroom facilities for its employees that meet the requirements of this chapter.

(b) Not serve, sell, give away, display or store potentially hazardous food (time/temperature control for safety food).

(c) Store all food to be sold or offered for sale within the establishment this chapter.

(d) Ensure that the display or storage of food meets the requirements of NAC 446.050 to 446.195, inclusive.

(e) Ensure that food is not consumed on the premises.

(f) Not offer seating to the public.

(g) Ensure that the primary business of the establishment is not related to food and that the portion of the establishment that is related to food does not occupy more than 25 percent of the total area of the establishment.

2. The food sold or offered for sale by a food establishment that has been exempted pursuant to the provisions of NRS 446.870 may include:

(a) Commercially canned or bottled beverages;

(b) Coffee or coffee beans;

(c) Prepackaged snacks and candies;

(d) Prepackaged food supplements such as spices, teas and herbs; and

(e) Whole fruits and vegetables in a natural and unprocessed state, provided that documentation can be presented which indicates that the produce was grown by a "certified grower" from the state in which it originated or is from an approved source.

3. The handling of food, including cooking food, opening containers of bulk food and repackaging or processing food of any kind, is not allowed within such an establishment.

4. If a food establishment fails to comply with the requirements of this section, the health authority shall revoke the exemption and close the portion of the establishment that sells food. A food establishment that has had its exempt status revoked must obtain a permit pursuant to the provisions of NRS 446.875 before resuming any operation of a food establishment.

Nev. Admin. Code § 446.042

Added to NAC by Bd. of Health, eff. 9-16-92; R069-10, 12-18-2013

NRS 439.150, 439.200, 446.870, 446.940