Senate Bill No. 14–Senator  McGinness

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Human Resources and Facilities

 

SUMMARY—Clarifies exemption of religious, charitable and other nonprofit organizations from regulation as food establishments. (BDR 40‑333)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to food establishments; clarifying the exemption of religious, charitable and other nonprofit organizations from regulation as food establishments; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 446.020 is hereby amended to read as follows:

1-2  446.020  1.  Except as otherwise limited by subsection 2,

1-3  “food establishment” means any place, structure, premises, vehicle

1-4  or vessel, or any part thereof, in which any food intended for

1-5  ultimate human consumption is manufactured or prepared by any

1-6  manner or means whatever, or in which any food is sold, offered or

1-7  displayed for sale or served.

1-8  2.  The term does not include:

1-9  (a) Private homes, unless the food prepared or manufactured in

1-10  the home is sold, or offered or displayed for sale or for

1-11  compensation or contractual consideration of any kind[;] by any

1-12  person other than a religious, charitable or other nonprofit

1-13  organization to raise money;

1-14      (b) Fraternal or social clubhouses at which attendance is limited

1-15  to members of the club;

1-16      (c) Vehicles operated by common carriers engaged in interstate

1-17  commerce;

2-1  (d) Any establishment in which religious, charitable and other

2-2  nonprofit organizations sell food occasionally to raise money or in

2-3  which charitable organizations receive salvaged food in bulk

2-4  quantities for free distribution, unless the establishment is open on a

2-5  regular basis to sell food to members of the general public;

2-6  (e) Any establishment where animals are slaughtered which is

2-7  regulated and inspected by the State Department of Agriculture;

2-8  (f) Dairy farms and plants which process milk and products of

2-9  milk or frozen desserts which are regulated under chapter 584 of

2-10  NRS; or

2-11      (g) The premises of a wholesale dealer of alcoholic beverages

2-12  licensed under chapter 369 of NRS who handles only alcoholic

2-13  beverages which are in sealed containers.

2-14      Sec. 2.  NRS 446.870 is hereby amended to read as follows:

2-15      446.870  1.  Except as otherwise provided in this section, it is

2-16  unlawful for any person to operate a food establishment unless he

2-17  possesses a valid permit issued to him by the health authority.

2-18      2.  The health authority may exempt a food establishment from

2-19  the provisions of this chapter if the health authority determines that

2-20  the food which is sold, offered or displayed for sale, or served at the

2-21  establishment does not constitute a potential or actual hazard to the

2-22  public health.

2-23      3.  Food that is prepared in a private home and given away free

2-24  of charge or consideration of any kind is exempt from the provisions

2-25  of this chapter, unless it is given to a food establishment.

2-26      4.  [Except as otherwise provided in subsection 5, food] Food

2-27  that is prepared in a private home must not be sold, or offered or

2-28  displayed for sale or for compensation or contractual consideration

2-29  of any kind, unless the person preparing the food possesses a valid

2-30  permit issued to him by the health authority for that purpose[.

2-31      5.  A religious, charitable or other nonprofit organization may,

2-32  without possessing a permit from the health authority, sell food

2-33  occasionally to raise money, whether or not the food was prepared

2-34  in a private home, if the sale occurs on the premises of the

2-35  organization. If the sale is to occur off the premises of the

2-36  organization, a permit from the health authority is required unless an

2-37  exemption is granted pursuant to subsection 2.] or the food is sold

2-38  or offered for sale by a religious, charitable or other nonprofit

2-39  organization to raise money.

2-40      Sec. 3.  This act becomes effective upon passage and approval.

 

2-41  H