SB466 - Revises provisions governing the authority of the State Department of Agriculture relating to food and water. (BDR 51-1121)

- 83rd Session (2025) Senate Bill No. 466–Committee on Finance CHAPTER.......... AN ACT relating to public safety; transferring the authority to regulate and permit food establishments from the Division of Public and Behavioral Health of the Department of Health and Human Services to the State Department of Agriculture; transferring the authority of the State Board of Health to adopt, amend and enforce regulations to provide for the sanitary protection of water and food supplies to the State Department of Agriculture; repealing various provisions governing food establishments; requiring, with certain exceptions, a county to pay an assessment to the Department for services relating to food establishments; revising provisions relating to cottage food operations; revising provisions relating to farm-to-fork events; revising provisions relating to the purchase or use of hemp or commodities or products made using hemp by certain persons who operate a food establishment; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: 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 Section 74 of this bill provides that any permit issued by the Division or health authority pursuant to the repealed provisions of law shall remain effective until the expiration of the permit.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. – 2 – - 83rd Session (2025) 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. – 3 – - 83rd Session (2025) 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. Title 51 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 44, inclusive, of this act. Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 13, inclusive, of this act have the meanings ascribed to them in those sections. Sec. 3. “Department” means the State Department of Agriculture. Sec. 4. “Farm-to-fork event” means an event organized on a farm where prepared food is provided for immediate consumption to paying guests and that meets the requirements of section 23 of this act. Sec. 5. “Food” means any food, drink, confection or beverage, or any component in the preparation or manufacture thereof, intended for ultimate human consumption, stored, being prepared or manufactured, displayed, offered for sale, sold or served in a food establishment. Sec. 6. 1. Except as otherwise limited by subsection 2, “food establishment” means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served. 2. The term does not include: (a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind; (b) Fraternal or social clubhouses at which attendance is limited to members of the club; (c) Vehicles operated by common carriers engaged in interstate commerce; (d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public; – 4 – - 83rd Session (2025) (e) Any establishment regulated under chapter 583 of NRS where animals, including, without limitation, mammals, fish and poultry, are slaughtered; (f) Dairy farms and plants regulated under chapter 584 of NRS which process milk and products of milk or frozen desserts; (g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers; (h) A facility regulated under chapter 583 of NRS that produces eggs; (i) A cottage food operation that meets the requirements of section 22 of this act with respect to food items as defined in that section; (j) A craft food operation that meets the requirements of NRS 587.6945 with respect to food items as defined in that section; or (k) A farm for purposes of holding a farm-to-fork event. 3. As used in this section, “poultry” has the meaning ascribed to it in NRS 583.405. Sec. 7. 1. “Food handler” means any person employed in or operating a food establishment, whether that person is an employer, employee or other natural person, who handles, stores, transports, prepares, manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service or sale of food. 2. The term does not include a person who: (a) Only handles, stores, transports, sells or otherwise comes in contact with food that is sealed and packaged for sale directly to the consumer; (b) If the food is potentially hazardous food, handles the food only occasionally and incidentally to his or her responsibilities or employment, and such handling is not part of his or her regularly scheduled responsibilities or employment; or (c) Is providing services as a cashier, salesperson, stock clerk, warehouse or dockworker, delivery person or maintenance staff or providing services in a similar position with limited food-handling responsibility. Sec. 8. “Food processing establishment” means a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption. Sec. 9. “Food safety authority” means the officers and agents of the Department or the officers and agents of the local boards of health. – 5 – - 83rd Session (2025) Sec. 10. “Misbranded” means the presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading or which violates any applicable state or local labeling requirements. Sec. 11. “Potentially hazardous food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the Department has adopted a later edition of the Food Code for this purpose. Sec. 12. “Temporary food establishment” means any food establishment which operates at a fixed location for a temporary period of time, not to exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, celebration or similar transitory gathering. Sec. 13. “Wholesome” means in sound condition, clean, free from adulteration and otherwise suitable for use as human food. Sec. 14. The Department may adopt regulations: 1. Necessary to carry out the provisions of this chapter; and 2. To provide for the sanitary protection of water and food supplies. Sec. 15. 1. Unless an exemption is approved pursuant to subsection 3, each county shall pay an assessment to the Department, in an amount determined by the Department, for the costs of services provided in that county by the Department pursuant to this chapter and any regulations adopted pursuant thereto, regardless of whether the county has a local health authority. 2. Each county shall pay the assessment to the Department in quarterly installments that are due on the first day of the first month of each calendar quarter. 3. A county may submit a proposal to the Governor for the county to carry out the services that would otherwise be provided by the Department pursuant to this chapter and any regulations adopted pursuant thereto. If the Governor approves the proposal, the Governor shall submit a recommendation to the Interim Finance Committee to exempt the county from the assessment required pursuant to subsection 1. The Interim Finance Committee, upon receiving the recommendation from the Governor, shall consider the proposal and determine whether to approve the exemption. In considering whether to approve the exemption, the Interim Finance Committee shall consider, among other things, the best interests of the State, the effect of the – 6 – - 83rd Session (2025) exemption and the intent of the Legislature in requiring the assessment to be paid by each county. 4. An exemption that is approved by the Interim Finance Committee pursuant to subsection 3 must not become effective until at least 6 months after that approval. 5. A county that receives approval pursuant to subsection 3 to carry out the services that would otherwise be provided by the Department pursuant to this chapter and any regulations adopted pursuant thereto shall carry out those services in the manner set forth in those chapters and regulations. 6. The Department may adopt such regulations as necessary to carry out the provisions of this section. Any regulation ado [Text truncated for display. Full text available on LegiScan.]