CHAPTER 446 - FOOD ESTABLISHMENTS

NAC 446.0363 “Temperature measuring device” defined. (NRS 439.200, 446.940) “Temperature measuring device” means a thermometer, thermocouple, thermistor or other device that indicates the temperature of food, air or water. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-201…

NAC 446.0367 “Temporary food establishment” defined. (NRS 439.200, 446.940) “Temporary food establishment” means a food establishment that operates for a period of not more than 14 consecutive days in conjunction with a single event or celebration. (Added to NAC by Bd. of Health …

NAC 446.0375 “Utensil” defined. (NRS 439.200, 446.940) “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale or service of food, including, without limitation, kitchenware or tableware that is multiuse, single-ser…

NAC 446.038 “Value of water activity” defined. (NRS 439.200, 446.940) “Value of water activity,” as indicated by the symbol “aw,” means the quotient of the pressure of water vapor in a substance divided by the pressure of water vapor in pure water when the pure water is at the sa…

NAC 446.0385 “Vending machine” defined. (NRS 439.200, 446.940) 1. “Vending machine” means a self-service device that, upon the insertion of a coin, paper currency, token, card or key, or by optional manual operation, dispenses unit servings of food, in bulk or in packages, withou…

NAC 446.039 “Waiver” defined. (NRS 439.200, 446.940) “Waiver” means a written agreement between the health authority and a permit holder that authorizes a modification of one or more requirements of this chapter if, in the opinion of the health authority, a health hazard or nuisa…

NAC 446.0395 “Warewashing” defined. (NRS 439.200, 446.940) “Warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces of equipment. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.040 Severability. (NRS 439.200, 446.940) If any provision of this chapter or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions or applications to the extent that they can b…

NAC 446.042 Exemption from requirements; revocation of exemption. (NRS 439.150, 439.200, 446.870, 446.940) 1. For a food establishment to be exempted pursuant to the provisions of this chapter, it must: (a) Provide restroom facilities for its employees that meet the requirements …

NAC 446.044 Adoption by reference of Uniform Plumbing Code. (NRS 439.200, 446.940) 1. Except as otherwise provided in this section, the State Board of Health hereby adopts by reference the most current edition of the Uniform Plumbing Code published by the International Associatio…

NAC 446.051 Person in charge: Generally. (NRS 439.200, 446.940) The permit holder must be the person in charge or must designate a person in charge, and shall ensure that a person in charge is present at the food establishment during all hours of operation. (Added to NAC by Bd. o…

NAC 446.052 Person in charge: Demonstration of knowledge. (NRS 439.200, 446.940) 1. Based on the risks inherent to the food operation, during inspections and upon request, the person in charge shall demonstrate to the health authority knowledge of the prevention of foodborne illn…

NAC 446.053 Person in charge: Duties generally. (NRS 439.200, 446.940) The person in charge at a food establishment shall ensure that: 1. The operation of the food establishment is not conducted in a private home or in a room used as living or sleeping quarters as provided in NRS…

NAC 446.054 Person in charge: Duties regarding conditional employees. (NRS 439.200, 446.940) 1. The person in charge shall ensure that a conditional employee: (a) Who exhibits or reports a symptom or who reports a diagnosed illness as provided in this chapter is prohibited from b…

NAC 446.056 Employee health conditions. (NRS 439.200, 446.940) 1. In accordance with the provisions of this chapter and chapter 441A of NAC, the following employee health conditions apply: (a) A food employee shall not work in or around any place where unwrapped or unpackaged foo…

NAC 446.057 Reinstatement of certain food employees. (NRS 439.200, 446.940) 1. Except during a confirmed outbreak, the person in charge may reinstate a food employee who was symptomatic and not diagnosed if the food employee is asymptomatic for at least 24 hours. 2. The health au…

NAC 446.058 Restriction on employment of or contracting with person to provide medical nutrition therapy or nutrition services. (NRS 439.150, 439.200, 446.940) The holder of a permit issued pursuant to NRS 446.875 shall not employ or contract with a person to provide medical nutr…

NAC 446.061 Handwashing required by food employees. (NRS 439.200, 446.940) 1. Food employees shall keep their hands and the exposed portions of their arms clean. 2. Except as otherwise provided in this chapter or by the health authority, whenever a provision of this chapter requi…

NAC 446.062 Handwashing: Procedure. (NRS 439.200, 446.940) 1. Except as otherwise provided in subsection 2: (a) Food employees must clean their hands and exposed portions of their arms for at least 20 seconds using a cleaning compound in an approved handwashing sink. (b) Food emp…

NAC 446.063 Handwashing: When required. (NRS 439.200, 446.940) Food employees shall clean their hands and exposed portions of their arms immediately before engaging in food preparation, including, without limitation, working with exposed food, clean equipment, utensils and linens…

NAC 446.064 Handwashing: Where allowed. (NRS 439.200, 446.940) Food employees shall clean their hands and arms in a handwashing sink or approved automatic handwashing facility or device and may not clean such appendages in a sink used for food preparation or warewashing, or in a …

NAC 446.066 Hand sanitizers. (NRS 439.200, 446.940) 1. A hand sanitizer used as a topical application, a chemical hand sanitizing solution used as a hand dip or an antiseptic soap for hands must: (a) Comply with one of the following: (1) Be an approved drug that is listed in the …

NAC 446.067 Fingernails. (NRS 439.200, 446.940) 1. Food employees shall keep their fingernails trimmed, filed and maintained so the edges and surfaces are cleanable and not rough. 2. Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or ar…

NAC 446.068 Jewelry. (NRS 439.200, 446.940) Employees may not wear jewelry on their hands or arms while preparing food, except that a medical identification bracelet may be worn on a wrist or a band with no stones or objects attached to it may be worn on a finger. (Added to NAC b…

NAC 446.069 Clothing. (NRS 439.200, 446.940) Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.071 Eating, drinking or using tobacco. (NRS 439.200, 446.940) 1. Except as otherwise provided in subsection 2, an employee shall not eat, drink or use any form of tobacco where the contamination of exposed food, clean equipment, utensils and linens, and unwrapped single-s…

NAC 446.072 Discharges from eyes, nose or mouth. (NRS 439.200, 446.940) Food employees experiencing persistent sneezing, coughing or a runny nose that causes discharges from the eyes, nose or mouth shall not work with exposed food, clean equipment, utensils or linens, or unwrappe…

NAC 446.073 Hair. (NRS 439.200, 446.940) 1. Except as otherwise provided in subsection 2: (a) All food employees must restrain their hair by any effective means to keep the hair from contaminating exposed food, clean equipment, utensils and linens, and unwrapped single-service an…

NAC 446.074 Handling of animals. (NRS 439.200, 446.940) 1. Except as otherwise provided in subsection 2, food employees may not care for or handle animals that may be present in the food establishment, including, without limitation, patrol dogs, service animals or pets that are a…

NAC 446.076 Methods for preventing contamination of food. (NRS 439.200, 446.940) 1. Food employees shall wash their hands and arms as provided in this chapter. 2. Except when washing fruits and vegetables or as provided in subsection 4, food employees must not contact exposed, re…

NAC 446.101 General provisions. (NRS 439.200, 446.940) 1. Food must be obtained from approved sources. 2. Food that is prepared in a private home must not be sold, or offered or displayed for sale or for compensation or contractual consideration of any kind, unless the person pre…

NAC 446.102 Tasting. (NRS 439.200, 446.940) A food employee may not use a utensil more than once to taste food that is to be sold or served. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.103 Safety of food for consumption. (NRS 439.150, 439.200, 446.940) 1. All food must be free from spoilage, filth, adulteration, misbranding and contamination, and must be safe for human consumption and honestly presented. 2. Food must be protected from contamination and …

NAC 446.104 Food in hermetically sealed containers. (NRS 439.150, 439.200, 446.940) Food in a hermetically sealed container must be obtained from a food processing establishment which is regulated by the food regulatory agency that has jurisdiction over the establishment. [Bd. of…

NAC 446.106 Eggs and milk products: Pasteurization and source. (NRS 439.200, 446.940) 1. Egg products must be obtained pasteurized. 2. Fluid and dry milk and milk products must: (a) Be obtained pasteurized; and (b) Comply with Grade A standards as specified in law. 3. All frozen …

NAC 446.107 Milk and milk products: Pasteurization and source. (NRS 439.150, 439.200, 446.940) Fluid milk and products made from milk used or served in a food establishment must be pasteurized and from a source approved by the health authority. [Bd. of Health, Food Establishments…

NAC 446.108 Milk and milk products: Requirements for service. (NRS 439.150, 439.200, 446.940) 1. Milk and products made from milk for drinking must be served in an unopened package which was commercially filled, or must be drawn from a container which was commercially filled and …

NAC 446.109 Eggs. (NRS 439.150, 439.200, 446.940) Eggs must be received clean, from an approved source and within proper temperature parameters, and in sound condition. Eggs must not be used if the eggs do not meet the tolerances established by the United States Department of Agr…

NAC 446.111 Substitution of pasteurized eggs or egg products for raw eggs in preparation of ready-to-eat foods. (NRS 439.200, 446.940) Pasteurized eggs or egg products must be substituted for raw eggs in the preparation of ready-to-eat foods, including, without limitation, Caesar…

NAC 446.112 Prepackaged juice. (NRS 439.200, 446.940) 1. Except as otherwise provided in subsection 2, prepackaged juice must: (a) Be obtained from a processor with an HACCP system as provided in 21 C.F.R. Part 120; and (b) Be obtained pasteurized or otherwise treated to attain a…

NAC 446.113 Juice packaged in food establishment. (NRS 439.200, 446.940) Juice packaged in a food establishment must: 1. Be treated under an approved HACCP plan to attain a 5-log reduction, which is equal to a 99.999 percent reduction of the most resistant microorganism of public…

NAC 446.114 Fish and molluscan shellfish: Harvesting criteria. (NRS 439.200, 446.940) 1. Fish that are received for sale or service must be: (a) Commercially and legally caught or harvested; or (b) Approved for sale or service. 2. Molluscan shellfish that are recreationally caugh…

NAC 446.116 Fish: Records. (NRS 439.200, 446.940) 1. Except as otherwise provided in this section and this chapter, if raw, raw-marinated, partially cooked or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing t…

NAC 446.117 Fish: Handling and storage. (NRS 439.200, 446.940) 1. Except as otherwise provided in subsection 2, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked or marinated-partially cooked fish must be: (a) Frozen and stored at a temperature of …

NAC 446.118 Molluscan shellfish: Source. (NRS 439.200, 446.940) 1. Molluscan shellfish must be obtained from sources according to law and the requirements specified in the “National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish,” published by the Unite…

NAC 446.119 Raw shucked shellfish. (NRS 439.200, 446.940) 1. Raw shucked shellfish must be obtained in nonreturnable packages which bear a legible label that identifies the: (a) Name and address of the original processor or the person who repacked them and the number for the inte…

NAC 446.121 Shellstock: Identification tags and labels. (NRS 439.200, 446.940) 1. Shellstock must be obtained in containers which bear legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships or reships the shellstock, a…