Existing law provides for the permitting and regulation of food establishments, cottage food operations and farm-to-fork events by the Division of Public and Behavioral Health of the Department of Health and Human Services and, in some instances, the local boards of health. (Chapter 446 of NRS) Sections 2-13 and 16-44 of this bill transfer the authority for the permitting and regulation of food establishments, cottage food operations and farm-to-fork events from the Division to the State Department of Agriculture and the local boards of health. Section 9 defines the term “food safety authority” to mean the officers and agents of the Department or the officers and agents of the local boards of health. Section 77 of this bill repeals the existing provisions of law governing food establishments. Section 74 of this bill provides that any permit issued by the Division or health authority pursuant to the repealed provisions of law shall remain effective until the expiration of the permit. Section 75 of this bill provides that any regulation adopted by a local board of health which was previously required to be approved by the State Board of Health shall be deemed approved by the Department. Sections 45-50, 52-60 and 63-70 of this bill make conforming changes to internal references to reflect the transfer of authority to the Department. Existing law authorizes the State Board of Health to adopt, amend and enforce regulations to provide for the sanitary protection of water and food supplies. (NRS 439.200) Existing law further authorizes a district board of health to adopt regulations consistent with law to provide for the sanitary protection of water and food supplies. (NRS 439.366, 439.410) Section 14 of this bill transfers the authority to adopt regulations to provide for the sanitary protection of water and food supplies from the State Board of Health to the Department. Sections 61 and 62 of this bill require any regulations adopted by a district board of health relating to the sanitary protection of water and food supplies to be consistent with any regulations adopted by the Department. Existing law requires each county to pay an assessment to the Division in an amount determined by the Division for the costs of services provided in that county by the Division, including services relating to food establishments. Existing law authorizes a county to request to carry out these services and receive an exemption from this assessment from the Interim Finance Committee. (NRS 439.4905) Section 15 of this bill requires each county to pay an assessment for the costs of any services provided in the county by the Department relating to food establishments and authorizes a county to request to carry out these services and receive an exemption from the Interim Finance Committee. Section 15 also authorizes the Department to adopt regulations as necessary to carry out the provisions of the section which, if adopted, must ensure the financial solvency of the Department in providing such services. Section 51 of this bill authorizes the Interim Finance Committee to perform this duty during a regular or special session. Section 75.5 of this bill requires the State Department of Agriculture to review the budget of the Department, any fee charged to a food establishment by the Division and the assessments paid to the Division for the costs of services provided to a county by the Division relating to food establishments to determine the amount of the assessments that are necessary to ensure the financial solvency of the Department in providing such services and, based on the results of the review, the Department may increase the assessments required by section 15. Section 76 of this bill provides that any county which has already received such an exemption shall be deemed to have received an exemption from the assessment required by section 15. Existing law exempts a cottage food operation from certain requirements governing food establishments. Existing law limits the definition of “cottage food operation” to a natural person whose gross sales of certain food items are not more than $35,000 per year. (NRS 446.866) Section 22 of this bill increases this limit on gross sales to $100,000 and requires the State Department of Agriculture to adjust this amount on an annual basis based on the percentage increase in the Consumer Price Index (All Items). Existing law exempts a farm from certain provisions governing food establishments for the purposes of holding a farm-to-fork event under certain conditions, including that any poultry and meat from a rabbit that is served at such an event is raised and prepared on the farm and is butchered and processed on the farm in accordance with certain requirements relating to the inspection of meat and poultry. (NRS 446.868) Section 23 of this bill provides that a farm may also serve at a farm-to-fork event: (1) meat from livestock under the same circumstances; and (2) poultry, meat from livestock and meat from a rabbit if the poultry or meat is obtained from a facility that meets certain requirements of state law relating to the inspection of meat and poultry or from a facility under a federal inspection program. Existing law authorizes a person who holds a permit to operate a food establishment and who operates a food establishment at which food is not prepared or served for immediate consumption to purchase and use hemp or a commodity or product made using hemp to manufacture or prepare and sell, offer or display food that contains an approved hemp component at the food establishment. (NRS 446.844) Section 18 provides that a person may only purchase or use hemp or a commodity or product made using hemp that the United States Food and Drug Administration has determined to be safe or generally recognized as safe for use as an ingredient in food intended for human consumption.

Statutes affected:
As Introduced: 583.040, 585.310, 587.693, 587.694, 587.6945, 202.2483, 218E.405, 232.320, 244.35486, 244.35487, 244.369, 268.097996, 268.097997, 341.100, 426.700, 439.200, 439.366, 439.410, 439.4905, 439.532, 444.350, 557.190, 576.128, 597.7629, 678B.290, 678B.520
Reprint 1: 583.040, 585.310, 587.693, 587.694, 587.6945, 202.2483, 218E.405, 232.320, 244.35486, 244.35487, 244.369, 268.097996, 268.097997, 341.100, 426.700, 439.200, 439.366, 439.410, 439.4905, 439.532, 444.350, 557.190, 576.128, 597.7629, 678B.290, 678B.520
Reprint 2: 583.040, 585.310, 587.693, 587.694, 587.6945, 202.2483, 218E.405, 232.320, 244.35486, 244.35487, 244.369, 268.097996, 268.097997, 341.100, 426.700, 439.200, 439.366, 439.410, 439.4905, 439.532, 444.350, 557.190, 576.128, 597.7629, 678B.290, 678B.520
As Enrolled: 583.040, 585.310, 587.693, 587.694, 587.6945, 202.2483, 218E.405, 232.320, 244.35486, 244.35487, 244.369, 268.097996, 268.097997, 341.100, 426.700, 439.200, 439.366, 439.410, 439.4905, 439.532, 444.350, 557.190, 576.128, 597.7629, 678B.290, 678B.520
BDR: 583.040, 585.310, 587.693, 587.694, 587.6945, 202.2483, 218E.405, 232.320, 244.35486, 244.35487, 244.369, 268.097996, 268.097997, 341.100, 426.700, 439.200, 439.366, 439.410, 439.4905, 439.532, 444.350, 557.190, 576.128, 597.7629, 678B.290, 678B.520