COMMISSIONER means an appointee or designee of the State of Nevada’s Health Division of the Department of Health and Human Services which enforces and administers the Regulations concerning ADULTERATED, mislabeled and MISBRANDEDFOOD, drugs, devices, and cosmetics.
FARMER means any PERSON who as an owner, part owner, tenant, or sharecropper which operates a farm in the United States.
FARM PRODUCTSakaPRODUCE includes all agricultural, horticultural, viticultural, and vegetable products of the soil. The term does not include livestock and livestock products, POULTRY and POULTRY products, uncertified non-graded whole shell EGGS, FISH and FISH products, SHELLSTOCK and SHELLSTOCK products, crustaceans and crustacean products, HONEY, hay and timber products, or milk and milk products.
HONEY means the natural product of honey bees drawn from the nectar of flowers, transformed by the bees and stored in a honeycomb and later marketed in the honeycomb or taken from the honeycomb and marketed in a liquid, candied, or granulated condition.
NATURAL AND UNPROCESSED STATE means that a farm product is not cut, sliced, breached, shelled, canned, cooked, pickled, SEALED, PACKAGED, dried, milled, ground, or otherwise altered from its original state after being harvested.
(a) Portable toilets shall be provided, adequate in number and located in an easily accessible area, for vendors and the public.
(b) The HEALTH AUTHORITY may approve conveniently located plumbed restroom facilities, which are available for use by the vendors and the public, if their use has been assured in writing by the facility owner.
(c) Toilet facilities, including the toilet room and fixtures, shall be kept clean, in good repair, and free of objectionable odors.
(d) An adequate supply of toilet tissue shall be provided at each toilet at all times. The FARMER’S MARKET manager shall maintain, ON-SITE, a surplus supply of toilet paper.
(e) When portable toilets are used, one portable HAND WASHING SINK with running water which drains to an enclosed integral waste water tank, integral liquid soap, a disposable paper towel dispenser, and a trash receptacle shall be provided for every five portable toilets. The FARMER’S MARKET manager shall maintain, ON-SITE, a surplus supply of liquid soap and disposable paper towels.
(f) Hand sanitizer may be mounted in the vicinity of the portable toilets for public use, however, shall not be used in place of a portable HAND WASHING SINK for FOOD HANDLERs after using the toilet.
(a) Indoor toilet facilities shall meet all local building and fire codes.
(b) HAND WASHING SINKs plumbed with hot and cold running water, tempered by a mixing valve or combo faucet shall be available in each restroom. The FARMER’S MARKET manager shall maintain, ON-SITE, a surplus supply of liquid soap.
(c) A HAND WASHING SINK shall be equipped to provide water at a temperature of at least 100°F±2° through a mixing valve or combination faucet. A self-closing, or metering faucet shall provide a flow of water for at least 20 seconds without the need to reactivate the faucet.
(d) A wall-hung liquid soap dispenser shall be available at each HAND WASHING SINK in the restroom and kept adequately stocked with liquid soap.
(f) Toilet facilities, including the toilet room, sinks, and all fixtures shall be kept clean, in good repair, and free of objectionable odors.
(g) A supply of toilet tissue shall be provided at each toilet at all times. The FARMER’S MARKET manager shall maintain, ON-SITE, a surplus supply of toilet paper.
(h) EASILY CLEANABLE, covered receptacles with plastic trash liners shall be provided for waste materials. Such receptacles shall be emptied at least once a day and more frequently when necessary.
(E) Waste disposal:
(1) Each market manager shall ensure there is a minimum of one waste container every 75' to hold waste that accumulates during the FARMER’S MARKET hours of operation. Individual vendors may help satisfy this requirement by providing an appropriate trash container in front of their booth.
(2) All waste containers, used for FOOD waste, shall be constructed of durable metal or other durable materials that does not leak or absorb liquids.
(3) All waste containers shall be of adequate size and provided with plastic trash liners.
(4) Each waste container shall be emptied and cleaned daily or more often as needed.
(5) All waste shall be disposed of in an APPROVED manner.
(6) Wash water, rinse water, or waste water generated at a FARMER’S MARKET shall be properly handled and disposed of into a public sewer system.
(1) A minimum of 20 foot-candles in public areas within the perimeter of the FARMER’S MARKET.
(2) A minimum of 35 foot-candles, during all nighttime FOOD operations, in all FOOD handling areas. Shielding to contain broken glass shall be used for all artificial light fixtures that are located over, by, or within all FOOD handling areas.
(A) If denied, the applicant shall be notified of the reason(s) for the denial. Incomplete applications shall be denied.
(B) The HEALTH AUTHORITY may place limitations on the menu items and/or length of service/hours of operation if the FOOD ESTABLISHMENT has improvised rather than permanent facilities or EQUIPMENT for accomplishing functions including but not limited to hand washing, FOOD preparation and protection, FOOD temperature control, WARE WASHING, adequate DRINKING WATER, waste retention and disposal, and insect and rodent control.
(B) Additional inspections and reinspections shall be made to ensure compliance with these Regulations.
(C) The HEALTH AUTHORITY may periodically inspect and place limitations on the menu items and/or length of service/hours of operation of the FOOD ESTABLISHMENT for the below listed reasons:
(1) If the FOOD ESTABLISHMENT has improvised rather than permanent facilities or EQUIPMENT for accomplishing functions including but not limited to hand washing, FOOD preparation and protection, FOOD temperature control, WARE WASHING, DRINKING WATER availability, waste retention and disposal, and insect and rodent control.
Pursuant to NAC446.050, no FOOD prepared or stored in a private home may be used, stored, served, offered for sale, sold, given away, or offered to the public in a FOOD ESTABLISHMENT.
13-204.17 Access to Establishments, Inspection Records, DEMERIT Values and Scores
(A) The HEALTH AUTHORITY, after they have properly identified themselves, shall be allowed to enter during any operational times any FOOD ESTABLISHMENT within the HEALTH AUTHORITY’s jurisdiction for the purpose of making an inspection to determine compliance with these Regulations. Records of the FOOD ESTABLISHMENT shall be made available for examination to obtain pertinent information pertaining to FOOD and supplies purchased, received, or used, and PERSONs employed.
(A) Except as otherwise provided in Subsection 3, NRS446.880, whenever the HEALTH AUTHORITY makes an inspection of a FOOD ESTABLISHMENT and discovers that any of the requirements of these Regulations have been violated, the PERMIT HOLDER or PERSON IN CHARGE shall be notified of the violations by means of an inspection report form or other written notice. The notice shall:
(1) Set forth the specific violations found, together with the DEMERIT score of the establishment.
(2) Establish a specific period of time for the correction of the violations.
(3) State that failure to comply with the requirements of any notice issued in accordance with the provisions of these Regulations may result in immediate suspension of the PERMIT.
(4) State that an opportunity for appeal, from any notice or inspection findings, will be provided if a written request for a hearing is filed with the HEALTH AUTHORITY within the period established in the notice of correction.
(D) Whenever the HEALTH AUTHORITY finds an unsanitary or other condition in the operation of a FOOD ESTABLISHMENT which in its judgment constitutes an IMMINENT HEALTH HAZARD to the public’s health, the HEALTH AUTHORITY may without warning, notice or hearing, issue a written order to the PERMIT HOLDER or PERSON IN CHARGE citing the condition, specifying the corrective action, and compliance time frame within which the corrective action shall be taken. The order may state that the PERMIT is immediately suspended and all FOOD operations shall be immediately discontinued. Any PERSON to whom such an order is issued shall comply with it immediately. Upon written petition to the HEALTH AUTHORITY, the PERSON shall be afforded a hearing as soon as possible.
(E) Health PERMITs shall be revoked for any IMMINENT HEALTH HAZARDs, or repeated violations of any of the requirements of this chapter, or for interference with the HEALTH AUTHORITY in the performance of their duties. The PERMIT may be permanently revoked after an opportunity for a hearing has been provided by the HEALTH AUTHORITY. Before taking such an action, the HEALTH AUTHORITY shall notify the PERMIT HOLDER in writing stating the reasons for which the PERMIT may be suspended for cause pending its revocation or a hearing.
(2) The hearings provided for in this chapter shall be conducted by the HEALTH AUTHORITY at a designated time and place. Based upon the record of the hearing, the HEALTH AUTHORITY shall make a finding and may sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the PERMIT HOLDER by the HEALTH AUTHORITY.
(B) Under a hold order, FOOD shall be allowed to be suitably stored. It shall be unlawful for any PERSON to remove or alter a hold order, notice, or tag placed on FOOD by the HEALTH AUTHORITY. The FOOD and/or the containers shall not be re-labeled, re-packed, re-processed, altered, disposed of, or destroyed without approval of the HEALTH AUTHORITY, except by order of a court of competent jurisdiction.
(C) After the owner or PERSON IN CHARGE has had a hearing, as specified in NRS446.895, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within 10 business days, the HEALTH AUTHORITY may vacate the hold order, or may by written order direct the owner or PERSON IN CHARGE of the FOOD, which was placed under the hold order, to denature or destroy such FOOD or to bring it into compliance with the provisions of these Regulations. Such order of the HEALTH AUTHORITY to denature or destroy such FOOD, or bring it into compliance with the provisions of these Regulations, shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
(A) The FARMER shall possess a current PRODUCERs’ certificate or certificates for all FARM PRODUCTS being offered for sale. All certificates, licenses and PERMITs, for which he is selling FARM PRODUCTS, shall be posted in a conspicuous location at each point of sale.
(1) In addition to the general requirements for all certified PRODUCERs, the FARMERs who sample shall comply with the requirements in this Section and applicable sections of Section 13-401 of this Chapter.
(B) Sample preparation requirements:
(1) The preparation of samples is limited to the peeling, cutting, or portioning of FARM PRODUCTS.
(2) Raw FARM PRODUCTS shall be thoroughly rinsed with potable running water at the booth under a gravity fed water dispenser with a spigot labeled “PRODUCE only.” A drain bucket or similar device shall be placed under the water dispenser to contain runoff.
(H) Ice, intended for use in BEVERAGEs, shall be stored separately from ice used for all other purposes, and shall be dispensed by an APPROVED scoop with a handle, as specified in Paragraph (G) of this Section.
(I) Ice used to maintain cold FOOD at 41º F±2°, or below, shall not subsequently be used as drinking ice. Ice used for cold-holding purposes:
(1) A portable HAND WASHING SINK provided with tempered, 90°F±2°-110°F±2°, running water which drains to an enclosed integral waste water tank, or if a portable or plumbed HAND WASHING SINK is not available, a container with a hands-free pressurized flow of tempered water into a wash basin. Such hand washing set-ups must have a sufficient amount of hot water generating or holding capacity of no less than 5 gallons of potable water.
(2) Liquid hand soap, in a pump dispenser, as well as single-use paper towels dispensed in a sanitary manner, shall be available at the HAND WASHING SINK.
(3) Waste water from the hand washing process shall drain into a designated container large enough, but no less than 5-gallon capacity, to prevent splash or overflow. The waste water container shall be emptied as needed into a sanitary sewer.
(4) A waste receptacle shall be located near the HAND WASHING SINK for disposal of paper towels.
(5) Hand sanitizers and single-service gloves may be used, but are not a substitute for hand washing.
(B) As a minimum, FOOD service workers shall wash their hands:
(1) Before entering FOOD preparation and FOOD service areas.
(2) Immediately before engaging in any FOOD preparation.
(3) Before and after glove use, if gloves are used.
(4) After smoking, eating, handling raw FOOD, or using the toilet.
(C) Unless prior operational procedures are APPROVED by the HEALTH AUTHORITY, FOOD HANDLERs shall eliminate bare hand contact with READY-TO-EAT FOOD and minimize bare hand contact with other open FOOD by suitable means including but not limited to deli paper, spatulas, tongs, single-use gloves, or dispensing EQUIPMENT. The use of single-use gloves or UTENSILs is not a substitute for required hand washing. A guidance document is provided in Appendix K.
(D) Eating in the FOOD ESTABLISHMENT shall be restricted to designated areas away from all FOOD preparation and storage areas.
(A) An APPROVED sanitizing solution, in a labeled container, shall be available prior to any open FOOD handling.
(1) APPROVED sanitizer solutions in water include 50-100 ppm chlorine (bleach), or at a concentration specified by the manufacturer, quaternary ammonium compound applied at a concentration specified by the manufacturer, or 12.5 ppm iodine, or at a concentration specified by the manufacturer,
(2) Appropriate test strips shall be available and used to measure the concentration of the sanitizer.
(3) Clean wiping cloths shall be used for frequent sanitizing of FOOD-CONTACT SURFACES and EQUIPMENT, and shall be stored in the sanitizing solution when not in use.
(B) EQUIPMENT and UTENSILs shall be washed, rinsed, and sanitized at least once every four hours, or replaced after four hours.
(1) When available ON-SITE, a three-compartment sink or a commercial dishwashing machine plumbed with hot and cold water shall be used to wash, rinse, and sanitize FOOD service UTENSILs and EQUIPMENT.
(D) Heating and cooking and storage EQUIPMENT shall be located in an area inaccessible to the public.
13-401.19 Water Supply
An adequate supply of potable water shall be available for cooking purposes, hand washing, and cleaning and sanitizing of EQUIPMENT, UTENSILs, and FOOD-CONTACT SURFACES. A public water supply shall be protected with the appropriate backflow prevention device.
13-401.20 Waste Water
Waste water shall not be dumped onto the ground surface, into waterways, or into storm drains.
(A) Locations with a potable water fixture under pressure shall be drained into a permanent sanitary sewer.
(B) Locations without a potable water fixture under pressure shall collect all waste water in water tight containers adequately sized for the type of operation. Waste water from containers shall be disposed directly into a sanitary sewer.
13-401.21 Solid Waste
(A) Solid waste generated at a FOOD ESTABLISHMENT shall be disposed in a manner to prevent excessive accumulation.
(B) Each vendor shall provide a waste container(s) at their booth/stand.
(A) A minimal lighting level of 35 foot-candles, of natural or artificial light, shall be provided on all work surfaces in FOOD handling areas.
(B) Shielding to contain broken glass shall be used for all artificial lighting fixtures that are located over all FOOD handling and FOOD storage areas.
(A) All FOOD cooking, and holding and service EQUIPMENT shall be constructed of non-toxic materials, including but not limited to, specifications in Chapter 4-201.11 of these Regulations, and maintained clean, in good repair, and in such condition as not to present a RISK to public health.
(B) The HEALTH AUTHORITY shall restrict FOOD at an event if adequate facilities are not available and functioning properly to maintain FOOD at required temperatures.
(C) An appropriately sized calibrated stem thermometer, with a range of 0-220ºF±2°, shall be available and used to monitor the temperature of POTENTIALLY HAZARDOUS FOOD (TCS).
(D) Adequate EQUIPMENT shall be provided to maintain hot FOOD at a temperature of 135ºF±2°, or above, during storage, display, and service. APPROVEDEQUIPMENT includes, but is not limited to, steam tables, hot boxes, grills, and chafing dishes.
(E) Adequate EQUIPMENT shall be provided to maintain cold FOOD at a temperature of 41ºF±2°, or below, during storage, display and service. In cold storage units, a thermometer or temperature gauge, accurate to ±2°F, shall be conspicuously placed in the warmest area. APPROVEDEQUIPMENT includes but is not limited to mechanical refrigeration units and ice chests with a drain.
(F) Stored FROZEN FOOD shall be maintained frozen solid.
13-402.14 Cooking, Reheating and Hot Holding of PHF (TCS)
(A) Unless requested by a customer, and unless a CONSUMER advisory is properly posted, raw animal FOOD including but not limited to EGGs, FISH, MEAT, POULTRY, and FOOD containing these raw animal FOOD shall be cooked to heat all parts of the FOOD to a temperature and for the time as listed below:
(1) Raw animal FOOD, including but not limited to POULTRY, BALUTs and wild GAME ANIMALs, shall be cooked to at least 165°F±2° for at least 15 seconds, except:
(a) COMMINUTED and ground MEAT including but not limited to hamburger, shall be cooked to at least 155°F±2° for at least 15 seconds.
(d) Raw EGGs, not cooked for immediate use, shall be cooked to at least 155°F±2° for at least 15 seconds.
(e) Raw EGGs, cooked for immediate service, shall be cooked to at least 145°F±2° for at least 15 seconds.
(f) FISH, seafood, and MEAT including commercially raised GAME ANIMALs, shall be cooked to at least 145°F±2° for at least 15 seconds.
(2) Stuffed FOOD shall be cooked to at least 165°F±2° for at least 15 seconds.
(B) Whole beef roasts, corned beef roasts, pork roasts, and cured pork roasts, including but not limited to ham, shall be cooked in a pre-heated oven and to an internal temperature of 145°F±2°, or held at 130°F±2° for at least 112 minutes, or to a temperature as provided in the guidance document provided in Appendix C.
(C) If raw or undercooked FOOD of animal origin is offered in a READY-TO-EAT FOOD form as a deli menu, or other item, or as a raw ingredient in another READY-TO-EAT FOOD, the PERMIT HOLDER shall inform CONSUMERs by brochures, labels, table tents, placards, deli case or menu advisories, or other effective written means of the significantly increased RISK associated with consumption by certain vulnerable CONSUMERs. Such FOOD shall be marked by an asterisk or described on the menu. This Section does not apply to APPROVED smoked or cured animal FOOD. The following language will satisfy the CONSUMER advisory requirement:
Thoroughly cooking FOOD of animal origin, including but not limited to beef, EGGs, FISH, lamb, milk, POULTRY, or SHELLSTOCK reduces the RISK of FOOD BORNE ILLNESS. Young children, the elderly, and individuals with certain health conditions may be at a higher RISK if these FOODs are consumed raw or undercooked.