Nevada Administrative Code
Chapter 446 - Food Establishments
TEMPORARY FOOD ESTABLISHMENTS
Section 446.633 - Exemptions from provisions of chapter
Current through February 27, 2024
The health authority may exempt a temporary food establishment from the provisions of this chapter if the health authority determines that the particular food which is sold, offered or displayed for sale or served at the establishment does not constitute a potential or actual hazard to the public health. The health authority may compile a list of beverages and foods that it determines do not constitute a potential or actual hazard to the public health. The list may include, without limitation:
1. Bottled water and canned soft drinks.
2. Coffee or tea, or both, with powdered nondairy creamer or ultra-pasteurized dairy creamer packaged in individual servings. This subsection does not include beverages such as lattes and espresso that are mixed with a dairy product by the vendor during preparation.
3. Commercially prepared acidic beverages, including, without limitation, orange juice, lemonade and other similar beverages, that are served from the original, properly labeled container without the addition of ice or other regulated food products.
4. Draft beer and other alcoholic beverages that are served without the addition of ice or potentially hazardous food (time/temperature control for safety food).
5. Foods from an approved source prepared for a "cook-off" or judging contest in which food is not provided to the general public.
6. Hermetically sealed and unopened containers of nonpotentially hazardous beverages which do not require refrigeration.
7. Hot chocolate prepared without the use of potentially hazardous food (time/temperature control for safety food) or reconstituted dairy products.
8. Nonpotentially hazardous prepackaged baked goods, with proper labeling, from an approved source and requiring no on-site preparation.
9. Nonpotentially hazardous and unopened prepackaged food from an approved source with proper labeling, including, without limitation, honey, jerked meats, potato chips, popcorn and other similar foods.
10. Produce sold from a produce stand at which no food preparation, breaching of produce or product sampling is performed.
11. Commercially prepared, prepackaged and unopened individual ice cream containers and ice cream bars that are appropriately labeled as to ingredients and manufacturer.
12. Shelled or unshelled nuts, including flavored nuts for sample or sale, unless the nuts are processed at the event site.
13. Food supplements that are offered for sample or sale without the addition of regulated food items. Such food supplements include, but are not limited to, vitamins, minerals, protein powder mixes, energy drinks and herbal mixtures, provided that they are from an approved source.
Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013
NRS 439.200, 446.940
