Nevada state law (NRS 446 as amended by SB 206PDF) allows for the registration of a Cottage Food Operation.
A registered Cottage Food Operation may produce non-potentially hazardous foods, within certain limitations, for sale to the public from the home or farmer’s market, swap meet, church bazaar, garage sale or craft fair. Visit the Cottage Food Operations webpages for more information.
Outside of the limitations of a registered Cottage Food Operation, preparation of foods from a private home for sale to the public is not lawful. Nevada Revised NRS 446.870, paragraph 4, states that
"...food that is prepared in a private home must not be sold, or offered or displayed for sale or for compensation or contractual consideration of any kind, unless the person preparing the food possesses a valid permit issued to him by the health authority for that purpose."
If a home is being used to manufacture, store, serve, offer or display foods for sale to the public, then it is a food establishment and subject to regulatory enforcement and permitting as required by NRS 446.875.
People wishing to pursue a home-based food business generally attempt to find a permitted food establishment that is willing to lease or rent them space for food production during off-hours. A separate health permit, under the new leasees’ name, is required. The application process is described on the Food Plan Review Process page.
As with most rules, there are exceptions. Nevada Revised Statutes provides exceptions as follows:
The Cottage Food LawPDF allows the production of non-potentially hazardous foods, within certain limitations, for sale to the public from the home or farmer's market, swap meet, church bazaar, garage sale or craft fair.
Per NRS 446.870, paragraph 2, persons and organizations may prepare food in a private home and give away such food for charitable purposes without a permit from the Health Authority. Read the full statute for details www.leg.state.nv.us.
Per NRS 446.870, paragraph 5, allows non-profit, religious or charitable organizations or groups to prepare and sell foods occasionally for fund raising purposes, if the sale occurs on the premises of that organization. Read the full statute for details www.leg.state.nv.us.