SB295 - Revises provisions related to food establishments. (BDR 40-44)

- 83rd Session (2025) Senate Bill No. 295–Senators Doñate and Flores Joint Sponsors: Assemblymembers González, Moore and D’Silva CHAPTER.......... AN ACT relating to food establishments; requiring certain local boards of health to provide certain information relating to sidewalk vendors and compact food cart vendors; establishing requirements for a compact food cart vendor; authorizing a registered compact food cart vendor to sell certain food items; setting forth certain requirements for the regulation of sidewalk vendors and compact food cart vendors by certain local boards of health and certain local zoning boards, planning commissions and local governments; exempting an establishment that sells or offers or displays for sale certain foods and a compact food cart vendor from the definition of “food establishment”; revising certain requirements which certain local boards of health are required to adopt relating to sidewalk vendors who sell food; prohibiting certain governmental bodies from limiting the types of food that may be sold by a sidewalk vendor or compact food cart vendor; and providing other matters properly relating thereto. Legislative Counsel’s Digest: 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 – 2 – - 83rd Session (2025) 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. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 446 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11.5, inclusive, of this act. Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 446.0145 to – 3 – - 83rd Session (2025) 446.069, inclusive, and sections 2.5, 3 and 5 of this act have the meanings ascribed to them in those sections. Sec. 2.5. “Compact food cart vendor” means a person who sells the food items described in section 10 of this act from a nonstationary conveyance. Sec. 3. “Conveyance” includes, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack. Sec. 4. (Deleted by amendment.) Sec. 5. “Sidewalk vendor” means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance. The term includes a nonstationary sidewalk vendor and a stationary sidewalk vendor. Sec. 6. The provisions of NRS 446.861 and sections 6 to 11.5 of this act apply only 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. Sec. 7. A local board of health shall: 1. Develop and update guidance documents which explain any requirements adopted in accordance with NRS 446.861 and sections 9.5 and 10 of this act governing sidewalk vendors and compact food cart vendors, including, without limitation, the process for a person to apply to the local board of health for a permit, license or other authorization or register with the local board of health, as applicable. 2. Make available on the Internet website of the local board of health all guidance documents developed pursuant to subsection 1 and all documents necessary to apply to the local board of health for a permit, license or other authorization or register with the local board of health, as applicable. All such documents must be clearly visible, easily accessible and available on the Internet website of the local board of health in more than one language. Sec. 8. (Deleted by amendment.) Sec. 9. 1. A local board of health shall prepare, maintain and make publicly available on the Internet website of the local board of health: (a) A list of food items that have been preapproved by the local board of health pursuant to subsection 2 for sale on a conveyance; and (b) A model menu of preapproved food items that may be sold by a sidewalk vendor. – 4 – - 83rd Session (2025)  The documents required to be maintained pursuant to this subsection must be clearly visible, easily accessible and available in more than one language. 2. The local board of health shall establish a process to preapprove food items that may be sold by a sidewalk vendor. Sec. 9.5. 1. A person who wishes to operate as a compact food cart vendor must: (a) Register with the local board of health by submitting such information required by the local board of health, which must include, without limitation: (1) The name, address and contact information of the person operating as a compact food cart vendor; (2) A list of food items set forth in section 10 of this act that will be sold by the compact food cart vendor; (3) A description of the general area in which the compact food cart vendor will operate; (4) The business name of the compact food cart vendor; and (5) The plans for the design of the nonstationary conveyance from which the compact food cart vendor will operate; and (b) If the local board of health prescribed by regulation a fee for registration, pay the fee in the amount established by the local board of health. 2. A compact food cart vendor shall comply with NRS 244.35484 and 268.097994 and any ordinance or regulation adopted by the governing body of a county, city or unincorporated town that regulates sidewalk vendors, including, without limitation, any requirements concerning the size of a conveyance. 3. A compact food cart vendor must display a sign on the conveyance that is at least 8 inches by 12 inches in size and that states in English and Spanish in at least 36-point font that all food items offered for sale are “MADE BY A COMPACT FOOD CART VENDOR THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION.” 4. A local board of health may authorize the use of a stand- alone sink or a sink in a nearby facility by a compact food cart vendor to satisfy any requirements adopted by the local board of health for handwashing and warewashing, provided that such a sink is not more than 10 feet away from the conveyance and there is not a physical barrier between such a sink and the conveyance. 5. A compact food cart vendor shall not operate at a special event unless the compact food cart vendor has obtained a permit, – 5 – - 83rd Session (2025) license or authorization from the local board of health pursuant to NRS 446.861 to operate as a sidewalk vendor and has complied with all other requirements of the local board of health and the relevant local governments for operating at the special event. 6. The registration of a compact food cart operation is valid for a period of 1 year. A compact food cart vendor may renew his or her registration if there have been no changes to the food items, conveyance or areas which the compact food cart vendor serves by submitting to the local board of health: (a) A letter certifying that there have been no changes to the food items, conveyance or areas which the compact food cart vendor serves; and (b) If the local board of health prescribed by regulation a fee for renewing the registration, the fee in the amount established by the local board of health. 7. The regulations adopted by a local board of health in accordance with NRS 446.861 do not apply to a compact food cart vendor that registers pursuant to this section to sell any food items set forth in section 10 of this act. Sec. 10. 1. Except as otherwise provided by federal law or regulation and notwithstanding any other provision of state law, a compact food cart vendor that registers with a local board of health pursuant to section 9.5 of this act may sell the following food items, which must be purchased, prepackaged or prepared by the compact food cart vendor in a commercial grade kitchen or on the conveyance of the compact food cart vendor: (a) Subject to any requirements of NRS 584.099 to 584.107, inclusive, shaved ice which may include a supplemental fruit- based or artificially-flavored syrup added to the shaved ice on the conveyance; (b) Aguas frescas that are not alcoholic; (c) Corn chips or potato chips which may include, without limitation, any supplemental seasonings, flavorings or food additives; (d) Corn on the cob which may be garnished on the conveyance with crumbled parmesan cheese or with mayonnaise or margarine spread that contains shelf-stable ingredients and was purchased from a grocery store within the previous 7 days; (e) Any wheat based snack that is deep-fried or baked and made from wheat flour, cornstarch, baking soda and salt; (f) Tea that is prepared on the conveyance by steeping in water cured or fresh leaves, herbs, flowers, fruits or any other plant material and may include any additive that is shelf-stable and – 6 – - 83rd Session (2025) prepackaged and purchased from a grocery store or other food establishment in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers and that does not contain dairy products; (g) Coffee that is non-alcoholic and which may include, without limitation, sweeteners, powdered milk, flavorings or spices; (h) Juice that is non-alcoholic and prepared mechanically or manually by pressing, squeezing, blending or juicing and may include, without limitation, sweeteners, spices and natural flavorings; (i) Candy lollipops which may include, without limitation, flavorings, color additives or other ingredients, including, without limitation, chocolate, fruit extracts, dairy or gelatin; (j) Subject to any requirements of NRS 584.099 to 584.107, inclusive, frozen or semi-frozen ice treats that do not contain dairy products and which may be garnished on the conveyance with seasonings and shelf-stable vinegar-based sauces; (k) Nachos consisting of corn-based tortilla chips and topped with ingredients which may include, without limitation, shelf- stable pickled vegetables or shelf-stable nacho cheese purchased prepackaged from a grocery store or other food establishment in a manner that protects the food item from contamination during transport and melted on the conveyance and may not include meat; (l) Fr [Text truncated for display. 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