Current through September 16, 2024
1. Packages of food, including, without
limitation, processed foods, dietary supplements and packages of food
repackaged from bulk prepared in this State, that are for sale in a food
establishment, must have labels which have been approved by the health
authority. The labels must be printed in English in addition to any other
languages required by the health authority. Such labels must be reviewed and
approved by the health authority and any fees required must be paid in full
before any label may be used.
2.
Food that is prepared and stored in a food establishment for later use must
have a label that includes the contents and the date on which the food was
prepared.
3. Food packaged in a
food establishment for retail sale must be labeled as provided in law,
including 21 C.F.R. Part 101, "Food Labeling," and 9 C.F.R. Part 317,
"Labeling, Marking Devices, and Containers." Unless otherwise approved in
advance by the health authority, label information must include, without
limitation:
(a) The name of the food
establishment and the place of business of the manufacturer, packer or
distributor;
(b) The address of the
food establishment, including, without limitation:
(1) The city;
(2) The state; and
(3) The zip code;
(c) The common name of the food or, absent a
common name, an adequately descriptive identity statement;
(d) If made from two or more ingredients, a
list of ingredients in descending order of predominance by weight, including,
without limitation, a declaration of artificial color or flavor and chemical
preservatives, if contained in the food;
(e) An accurate declaration of the quantity
of contents;
(f) The name of the
food source for each major food allergen contained in the food unless the food
source is already part of the common or usual name of the respective
ingredient;
(g) When requested by
the health authority:
(1) The telephone
number of the food establishment; and
(2) The street number or post office box of
the food establishment;
(h) Except as otherwise exempted in
21 U.S.C. §
343(q)(3)-(5), nutrition
labeling as specified in 21 C.F.R. Part 101, "Food Labeling," and 9 C.F.R. Part
317, Subpart B, "Nutrition Labeling"; and
(i) For any salmonid fish containing
canthaxanthin as a color additive, the labeling of the bulk fish container,
including a list of ingredients, displayed on the retail container or by other
written means, including, without limitation, a counter card, that discloses
the use of canthaxanthin.
4. Prepackaged foods prepared in a food
establishment, including frozen sandwiches that have been thawed and other
potentially hazardous food (time/temperature control for safety food) contained
in boxed lunches that are made for sale and consumption off the premises must
have a label that has been approved by the health authority. Unless otherwise
approved in advance by the health authority, the label must include:
(a) The name of the food
establishment;
(b) The mailing
address of the food establishment, including, without limitation:
(1) The street number or post office
box;
(2) The city;
(3) The state; and
(4) The zip code;
(c) A list of ingredients in descending order
of predominance;
(d) The last date
of sale shown clearly as three letters of the month followed by the
date;
(e) A list of known
allergens, including, without limitation, ingredients made from or containing
nuts; and
(f) When requested by the
health authority, the telephone number of the food establishment.
5. Bulk food that is available for
consumer self-dispensing must be prominently labeled with the following
information in plain view of the consumer:
(a) The manufacturer's or processor's label
that was provided with the food; or
(b) A card, sign or other method of
notification that includes the following information:
(1) The common name of the food or, absent a
common name, an adequately descriptive identity statement;
(2) A list of ingredients in descending order
of predominance by weight including, without limitation, a declaration of
artificial color or flavor and chemical preservatives, if found in the food and
if the food is made from two or more ingredients; and
(3) The name of the food source for each
major food allergen contained in the food unless the food source is already
part of the common or usual name of the respective ingredient.
6. Bulk, unpackaged
foods, including, without limitation, bakery products and unpackaged foods that
are portioned to consumer specification, need not be labeled if:
(a) A health, nutrient content or other claim
is not made;
(b) There are no state
or local laws requiring labeling; and
(c) The food is manufactured or prepared on
the premises of the food establishment or at another food establishment or a
food processing establishment that is owned by the same person and is regulated
by the health authority that has jurisdiction.
7. Upon review of a dietary supplement, a
letter from the health authority will be issued which states that the labels
have been reviewed for content only and that the health authority makes no
implied or written warranty or guarantee as to the safety of these supplements.
Labels for dietary supplements must include:
(a) The name and place of business of the
manufacturer, packer or distributor;
(b) The name of the supplement;
(c) The net quantity of the contents by
capsule count;
(d) The directions
for use, including the quantity of supplement to be taken per day;
(e) The supplement facts panel; and
(f) Other ingredients in descending order of
predominance.
8. In
addition to the required labeling information, questionable and uncommon
ingredients, including those listed by the manufacturer as "other ingredients,"
must be fully defined and explained, when requested by the health authority, to
prove that the questionable ingredient is safe for use.
9. As used in this section, "major food
allergen" means:
(a) Milk, eggs, fish, such
as bass, flounder, cod, crab, lobster and shrimp, tree nuts, such as almonds,
pecans and walnuts, wheat, peanuts and soybeans; or
(b) A food ingredient that contains protein
derived from a food described in paragraph (a).
The term does not include any highly refined oil derived from a
food described in paragraph (a) or any ingredient derived from such a highly
refined oil.
Added to NAC by Bd. of
Health by R069-10, eff. 12-18-2013
NRS
439.200,
446.940
