NRS 446.866 Exemption from certain requirements;
certain local governing bodies prevented from prohibiting cottage food
operations; registration; fee; inspection.
1. A cottage food operation which manufactures or
prepares a food item by any manner or means whatever for sale, or which offers
or displays a food item for sale, is not a “food establishment” pursuant to
paragraph (h) of subsection 2 of NRS 446.020 if each
such food item is:
(a) Sold on the private property of the natural person
who manufactures or prepares the food item or at a location where the natural
person who manufactures or prepares the food item sells the food item directly
to a consumer, including, without limitation, a farmers’ market licensed
pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church
bazaar, garage sale or craft fair, by means of an in-person transaction that
does not involve selling the food item by telephone or via the Internet;
(b) Sold to a natural person for his or her consumption
and not for resale;
(c) Affixed with a label which complies with the federal
labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and
21 C.F.R. Part 101;
(d) Labeled with “MADE IN A COTTAGE FOOD OPERATION THAT
IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the
label for the food item;
(e) Prepackaged in a manner that protects the food item
from contamination during transport, display, sale and acquisition by consumers;
and
(f) Prepared and processed in the kitchen of the private
home of the natural person who manufactures or prepares the food item or, if
allowed by the health authority, in the kitchen of a fraternal or social
clubhouse, a school or a religious, charitable or other nonprofit
organization.