Under existing law, the Commissioner of Food and Drugs is required to adopt regulations for the licensing of every person who manufactures, compounds, processes or packages drugs, devices or cosmetics in this State. (NRS 585.245) Section 20 of this bill exempts, with certain exceptions, cottage cosmetics operations from the provisions of law governing the licensing, regulation, fees and inspection of such persons by the Commissioner. Section 4 of this bill defines the term “cottage cosmetics operation” to mean a natural person: (1) who manufactures or prepares cosmetics in his or her private home or in a kitchen that is not otherwise required by law to be inspected for the preparation of a cosmetic, for sale to a natural person; and (2) whose gross sales of such cosmetics are not more than $100,000 per year. Section 3 of this bill defines the term “cosmetic.” Sections 5 and 6 of this bill define certain other terms relating to cottage cosmetics operations. Section 2 of this bill applies these definitions to the provisions of sections 2-11 of this bill. Section 7 requires a person who wishes to conduct a cottage cosmetics operation to apply to the State Department of Agriculture for a license to conduct a cottage cosmetics operation and prescribes certain requirements for such an application. Section 7 authorizes the Department to: (1) charge certain fees for the issuance and renewal of a license to conduct a cottage cosmetics operation; and (2) inspect a cottage cosmetics operation for certain purposes and charge a fee for the inspection if the cottage cosmetics operation produced an adulterated or misbranded cosmetic or was the source of an outbreak of illness caused by a contaminated cosmetic. Section 7 prohibits a local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county to adopt an ordinance or other regulation that prohibits a person from operating a cottage cosmetics operation. Additionally, section 7 requires the Department to maintain a registry of each person who holds an active license to conduct a cottage cosmetics establishment. Section 10 requires the Director of the Department to adopt certain regulations governing cottage cosmetics operations. Section 11 of this bill authorizes the Director to impose a civil penalty of not more than $500 for a violation of the provisions of sections 2-11. Section 21 of this bill provides that the civil penalty is an exception to the criminal penalties imposed for other violations of the provisions relating to food, drugs and cosmetics. Existing law sets forth certain requirements for a food establishment that prepares food intended for human consumption. (NRS 446.0145-446.945) Existing law exempts a cottage food operation from such requirements and requires a person who wishes to conduct a cottage food operation to register with a certain health authority. (NRS 446.866) Section 16 of this bill instead requires a person who wishes to conduct a cottage food operation to apply to the Department for a license to conduct a cottage food operation. Sections 14-16 of this bill revise and reorganize the existing provisions governing cottage food operations into new sections of the Nevada Revised Statutes. Section 28 of this bill repeals the existing provisions governing cottage food operations. Section 14 revises the definition of “cottage food operation” to apply to a natural person who manufactures or prepares food items in his or her private home or in a kitchen that is not otherwise required by law to be inspected for the purposes of preparing a food item, for sale and whose gross sales of such food items are not more than $100,000 per calendar year. Section 15 revises the definition of “food item” to include, among other food items, certain acidified foods. Section 13 of this bill defines the term “acidified foods.” Additionally, section 16 authorizes a cottage food operation to: (1) sell food items via a transaction by telephone or via the Internet; and (2) fulfill a transaction in person, by mail or through a food delivery service platform. Section 26 of this bill makes a cottage food operation a “food dispensing establishment,” thereby applying the provisions governing the food delivery service platforms to the delivery of food items from a cottage food operation. Section 16 authorizes the Department to charge certain fees for the issuance and renewal of a license to conduct a cottage food operation. Section 16 further requires the Department to maintain a registry of each person who holds an active license to conduct a cottage food operation. Section 19 of this bill requires the Director of the Department to adopt certain regulations governing cottage food operations. Section 23 of this bill revises the definition of “food establishment” to reflect the reorganization of provisions governing cottage food operations. Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations. (42 U.S.C. § 666) Sections 8, 9, 17 and 18 of this bill enact such procedures as applicable to an applicant for a license to conduct a cottage cosmetics operation and an applicant for a license to conduct a cottage food operation in order to comply with federal law. Existing law provides that the penalty for a violation of any provision of existing law relating to agricultural products and seeds is a civil penalty of not more than $500 for each violation. (NRS 587.900) This penalty applies to sections 12-19 of this bill. Existing law exempts a farm from certain provisions governing food establishments for the purposes of holding a farm-to-fork event under certain conditions. (NRS 446.868) Section 24 of this bill authorizes a farm holding such an event to serve certain food items provided that: (1) any livestock or game animal that is served at the event is butchered and processed on the farm in accordance with certain provisions of law or was inspected and approved under a certain inspection program; and (2) certain other food items served at the farm-to-fork event are sourced from certain facilities or was inspected and approved under a certain inspection program. Section 24 also exempts: (1) a farm from certain provisions governing food establishments provided that the farm holds four events or less in a month; and (2) a farm that holds more than four events during a harvest or holiday season from such provisions. Section 25 of this bill prohibits the Department from charging a fee for the registration of a farm to hold farm-to-fork events when the annual revenue of the farm for the preceding calendar year was less than $100,000. Existing law sets forth certain requirements for a craft food operation in which a person manufactures or prepares acidified foods in certain kitchens and whose gross sales of such foods are not more than $35,000 per calendar year and authorizes the Department to adopt certain regulations governing such operations. (NRS 587.691-587.699) Section 28 repeals such provisions. Section 27 of this bill declares void the regulations adopted by the Department governing craft food operations and requires the Legislative Counsel to remove the regulations from the Nevada Administrative Code.

Statutes affected:
As Introduced: 585.245, 585.550, 446.020, 446.868, 446.869, 597.7629
BDR: 585.245, 585.550, 446.020, 446.868, 446.869, 597.7629