Assembly Bill No. 497–Committee on
Commerce and Labor

 

CHAPTER..........

 

AN ACT relating to food establishments; exempting a licensed child care facility from certain regulations applicable to a food establishment; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 446 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  “Potentially hazardous food” has the meaning

ascribed to it in subpart 1-201 of the 1999 edition of the Food

Code published by the Food and Drug Administration of the

United States Department of Health and Human Services, unless

the Administrator of the Health Division of the Department of

Human Resources has adopted a later edition of the Food Code

for this purpose.

    Sec. 3.  1.  Any regulation adopted by the State Board of

Health or a local board of health pursuant to NRS 446.940 that

establishes a standard for the construction of a food establishment

or the equipment required to be present in a food establishment

shall not apply to any child care facility that limits its menu to:

    (a) Food that does not constitute a potential or actual hazard

to the public health; and

    (b) Potentially hazardous food that has been:

        (1) Commercially prepared and precooked; or

        (2) Pasteurized.

    2.  As used in this section, “child care facility” includes:

    (a) A child care facility licensed pursuant to chapter 432A of

NRS; or

    (b) A child care facility licensed by a city or county.

    Sec. 4.  NRS 446.030 is hereby amended to read as follows:

    446.030  1.  “Food handler” means any person employed in or

operating a food establishment, whether that person is an employer,

employee or other natural person, who handles, stores, transports,

prepares, manufactures, serves or sells food, or who comes in

contact with eating or cooking utensils or other equipment used in

the handling, preparation, manufacture, service or sale of food.

    2.  The term does not include a person who only handles, stores,

transports, sells or otherwise comes in contact with food that is

permanently sealed or packaged for sale directly to the consumer

and who, if the food is potentially hazardous food, handles the food

only occasionally or incidentally outside the normal and usual

course and scope of his responsibilities or employment.

    [3.  As used in this section, “potentially hazardous food” has the

meaning ascribed to it in subpart 1-201 of the 1999 edition of the

Food Code published by the Food and Drug Administration of

the United States Department of Health and Human Services, unless

the Administrator of the Health Division of the Department of

Human Resources has adopted a later edition of the Food Code for

this purpose.]

    Sec. 5.  This act becomes effective on July 1, 2003.

 

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