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 whatsoever 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.