Existing law requires a local board of health in a county whose population is 100,000 or more (currently Clark and Washoe Counties) or a city in a county whose population is 100,000 or more to adopt regulations governing sidewalk vendors of food. (NRS 446.861) Sections 3 and 5 of this bill define certain terms relating to sidewalk vendors. Section 7 of this bill requires a local board of health to: (1) develop and update certain guidance documents explaining the requirements of existing regulations adopted by the local board of health governing sidewalk vendors and compact food cart vendors; and (2) make certain documents available on the Internet website of the local board of health in more than one language. Section 6 of this bill limits the applicability of sections 6-11.5 of this bill to a local board of health in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more. Section 13 of this bill requires a local board of health to adopt regulations governing sidewalk vendors of food, including requirements relating to: (1) the plans for the design of a nonstationary conveyance and the use of modular conveyances by a sidewalk vendor; (2) the use of certain sinks by a sidewalk vendor; and (3) the storage of a conveyance in a private home. Section 9.5 requires a person who wishes to operate as a compact food cart vendor to register with the local board of health and pay the fee established by regulation of the local board of health, if such a fee has been established. Section 2.5 of this bill defines “compact food cart vendor” to mean a person who sells certain food items from a nonstationary conveyance. Section 9.5 also requires a compact food cart vendor to comply with certain ordinances and regulations adopted by the governing body of a county, city or unincorporated town that regulates sidewalk vendors. Section 9.5 prohibits a compact food cart vendor from operating at a special event unless the compact food cart vendor complies with certain requirements. Section 9.5 further: (1) provides that a registration as a compact food cart vendor is valid for a period of 1 year; (2) sets forth a process for the renewal of such registration; and (3) requires the payment of a renewal fee established by regulation of the local board of health, if such a fee has been established. Section 10 authorizes a compact food cart vendor to sell certain food items, which must be purchased prepackaged or prepared in a commercial grade kitchen or on the conveyance. Section 11.5 provides, with certain exceptions, that the provisions of existing law and sections 2-11.5 of this bill do not prohibit a local zoning board, planning commission or governing body of a county, city or unincorporated town from adopting certain ordinances and regulations that: (1) prescribe the locations where sidewalk vendors and compact food cart vendors are allowed to operate; (2) authorize the seizure of food items, a conveyance, any cooking apparatus or other products; and (3) authorize the destruction of certain food items. Sections 11.5, 14.3 and 14.7 of this bill further prohibit, with certain exceptions, such governmental entities from limiting the types of food items a sidewalk vendor or compact food cart vendor may sell if such food items comply with the regulations of a local board of health or are authorized by section 10. Section 9 requires a local board of health to: (1) prepare, maintain and make publicly available on the Internet website of the local board of health a list of food items that have been approved by the local board of health and a model menu of preapproved food items that may be sold by a sidewalk vendor; and (2) establish a process to preapprove certain food items sold from a conveyance. Existing law defines the term “food establishment” for the purposes of existing law relating to food establishments and sets forth certain exceptions from the definition. (NRS 446.020) Section 12 of this bill exempts from the definition of “food establishment”: (1) any establishment in which only whole produce or commercially prepackaged food which is not a potentially hazardous food is sold or offered or displayed for sale; and (2) a compact food cart vendor. As a result of this change, such an establishment and a compact food cart vendor are not subject to the existing requirements governing food establishments. Section 2 applies the definitions in sections 2.5, 3 and 5 to the provisions of existing law relating to food establishments.

Statutes affected:
As Introduced: 446.020, 446.861, 446.866
Reprint 1: 446.020, 446.861, 244.35483, 268.097993
Reprint 2: 446.020, 446.861, 244.35483, 268.097993
Reprint 3: 446.020, 446.861, 244.35483, 268.097993
As Enrolled: 446.020, 446.861, 244.35483, 268.097993
BDR: 446.020, 446.861, 446.866