CHAPTER 446 - FOOD ESTABLISHMENTS

NAC 446.01497 “Misbranded” defined. (NRS 439.200, 446.940) “Misbranded” has the meaning ascribed to it in NRS 446.053 and 583.355. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.015 “Mobile unit” defined. (NRS 439.200, 446.940) “Mobile unit” means any vehicle operating from an approved servicing area in which food, beverages, frozen desserts or dairy products and mixes are prepared, processed or converted for human consumption and which is used t…

NAC 446.0153 “Molluscan shellfish” defined. (NRS 439.200, 446.940) “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels and scallops, or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle. (Ad…

NAC 446.0155 “Natural and unprocessed state” defined. (NRS 439.200, 446.940) “Natural and unprocessed state” means that an agricultural product of the soil is not cut, sliced, breached, shelled, canned, cooked, pickled, sealed, packaged, dried, milled, ground or otherwise altered…

NAC 446.0157 “Nonprofit organization” defined. (NRS 439.200, 446.940) “Nonprofit organization” means an entity which: 1. Desires to be eligible for the discounted fee described in NAC 446.830; and 2. Meets the requirements of chapter 82 of NRS or has tax-exempt status recognized …

NAC 446.016 “Ornamental attraction of water” defined. (NRS 439.200, 446.940) “Ornamental attraction of water” means a fountain or similar aesthetic feature filled with water that is used for decorative purposes only. (Added to NAC by Bd. of Health, eff. 5-23-96; A by R069-10, 12-…

NAC 446.017 “Packaged” defined. (NRS 439.200, 446.940) 1. “Packaged” means bottled, canned, cartoned, securely bagged or securely wrapped, whether such activities are performed in a food establishment or food processing establishment. 2. The term does not include a wrapper, carry…

NAC 446.019 “Permit” defined. (NRS 439.200, 446.940) “Permit” means the document issued by the health authority that authorizes a person to operate a food establishment. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0195 “Permit holder” defined. (NRS 439.200, 446.940) “Permit holder” means the person who: 1. Is legally responsible for the operation of a food establishment, including, without limitation, the owner, the owner’s agent or another person; and 2. Possesses a valid permit t…

NAC 446.020 “Person” defined. (NRS 439.200, 446.940) “Person” means an association, corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency. [Bd. of Health, Food Establishments Reg. Art. 1 § 1.1 subsec. 1.1.2, eff. 9-17-82]—(NAC…

NAC 446.021 “Person in charge” defined. (NRS 439.200, 446.940) “Person in charge” means the person present at a food establishment who is responsible for the operation of the establishment at the time of an inspection. (Added to NAC by Bd. of Health, eff. 5-23-96)

NAC 446.0215 “Personal care items” defined. (NRS 439.200, 446.940) 1. “Personal care items” means items or substances that: (a) May be poisonous, toxic or a source of contamination; and (b) Are used to maintain or enhance a person’s health, hygiene or appearance. 2. The term incl…

NAC 446.022 “pH” defined. (NRS 439.200, 446.940) “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. (Added to NAC by Bd. of Health, eff. 5-23-96; A by R069-10, 12-18-2013)

NAC 446.0223 “Physical facilities” defined. (NRS 439.200, 446.940) “Physical facilities” means the structure and interior surfaces of a food establishment, including, without limitation, accessories, soap and towel dispensers, attachments, light fixtures and heating or air-condit…

NAC 446.0227 “Plumbing fixture” defined. (NRS 439.200, 446.940) “Plumbing fixture” means a receptacle or device that: 1. Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or 2. Discharges used w…

NAC 446.0235 “Poisonous or toxic materials” defined. (NRS 439.200, 446.940) “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in one or more of the following categories: 1. Cleaners and sanitizers, including, without limitation, …

NAC 446.024 “Portable unit for service of food” defined. (NRS 439.200, 446.940) “Portable unit for service of food” means a piece of equipment operated within a building and pursuant to a contract with a food establishment or an approved servicing area for the preparation and ser…

NAC 446.0245 “Potable water” defined. (NRS 439.200, 446.940) “Potable water” means any water from an approved source, including, without limitation, an approved domestic water supply, which: 1. Is bacteriologically safe and otherwise suitable for drinking; and 2. Meets the standa…

NAC 446.025 “Potentially hazardous food (time/temperature control for safety food)” defined. (NRS 439.200, 446.940) 1. “Potentially hazardous food (time/temperature control for safety food)” means a food that requires time/temperature control for safety (TCS) to limit pathogenic …

NAC 446.0253 “Poultry” defined. (NRS 439.200, 446.940) “Poultry” means any: 1. Domesticated bird, including chickens, turkeys, ducks, geese, guineas, ratites or squabs, whether live or dead; and 2. Migratory waterfowl or game bird, including pheasant, partridge, quail, grouse or …

NAC 446.0257 “Premises” defined. (NRS 439.200, 446.940) “Premises” means: 1. The physical facility, its contents and the contiguous land or property under the control of the permit holder; or 2. The physical facility, its contents and the land or property not described in subsect…

NAC 446.026 “Primal cut” defined. (NRS 439.200, 446.940) “Primal cut” means a basic major cut into which carcasses and sides of meat are separated, including, without limitation, a beef round, pork loin, lamb flank or veal breast. (Added to NAC by Bd. of Health by R069-10, eff. 1…

NAC 446.0263 “Produce” defined. (NRS 439.200, 446.940) “Produce” means any whole, fresh fruit or vegetable in its natural or unprocessed state. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0265 “Produce stand” defined. (NRS 439.200, 446.940) “Produce stand” means a food operation that sells, offers for sale or gives away produce. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0267 “Producer” defined. (NRS 439.200, 446.940) “Producer” means a person who produces fruit, nuts or vegetables by the practice of the agricultural arts upon the land that the person owns or controls, or both. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.027 “Product module” defined. (NRS 439.200, 446.940) “Product module” means a food container designed for the service of bulk food by direct or indirect means for customers who serve themselves. (Added to NAC by Bd. of Health, eff. 10-14-88)

NAC 446.0273 “Ratite” defined. (NRS 439.200, 446.940) “Ratite” means a flightless bird, including, without limitation, an emu, ostrich or rhea. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0275 “Ready-to-eat food” defined. (NRS 439.200, 446.940) 1. “Ready-to-eat food” means food which is in a form that is ready for immediate consumption or reasonably expected to be consumed in that form at the point of sale or which is edible without additional preparation …

NAC 446.0277 “Reconstituted” defined. (NRS 439.200, 446.940) “Reconstituted” means the recombination of dehydrated food products with water or other liquids. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.028 “Reduced oxygen packaging” defined. (NRS 439.200, 446.940) 1. “Reduced oxygen packaging” means: (a) The reduction of the amount of oxygen in a package by removing oxygen, displacing oxygen and replacing it with another gas or combination of gases, or otherwise control…

NAC 446.0283 “Refuse” defined. (NRS 439.200, 446.940) “Refuse” means solid waste not carried by water through the sewage system. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0287 “Reminder” defined. (NRS 439.200, 446.940) “Reminder” means a written statement concerning the health risk of consuming animal foods raw, undercooked or without otherwise being processed to eliminate pathogens. The term includes the reminder described in NAC 446.189.…

NAC 446.029 “Re-served” defined. (NRS 439.200, 446.940) “Re-served” means the transfer of food that is unused and returned by a consumer, after being served or sold and in the possession of the consumer, to another person. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-201…

NAC 446.0293 “Restrict” defined. (NRS 439.200, 446.940) “Restrict” means to limit the activities of a food employee so that: 1. There is no risk of transmitting a disease that is transmissible through food; and 2. The food employee does not work with exposed food, clean equipment…

NAC 446.0297 “Risk” defined. (NRS 439.200, 446.940) “Risk” means the likelihood that an adverse health effect will occur within a population as a result of a hazard in food. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.030 “Safe materials” defined. (NRS 439.200, 446.940) “Safe materials” means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component of or otherwise affect the characteristics …

NAC 446.0303 “Sanitization” defined. (NRS 439.200, 446.940) “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999 percent re…

NAC 446.0305 “Sealed” defined. (NRS 439.200, 446.940) “Sealed” means free of cracks or other openings that could allow the entry or passage of moisture. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0307 “Service animal” defined. (NRS 439.200, 446.940) “Service animal” means an animal that has been trained to assist or accommodate a person with a disability. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.031 “Servicing area” defined. (NRS 439.200, 446.940) 1. “Servicing area” means one or more locations approved by the health authority to which a mobile unit or transportation vehicle returns regularly for activities, including, but not limited to, food and supply storage,…

NAC 446.0313 “Sewage” defined. (NRS 439.200, 446.940) “Sewage” means liquid waste containing animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0315 “Shellfish control authority” defined. (NRS 439.200, 446.940) “Shellfish control authority” means a state, federal, foreign, tribal or other governmental entity that is legally responsible for administering a program which includes certification of molluscan shellfis…

NAC 446.0317 “Shellstock” defined. (NRS 439.200, 446.940) “Shellstock” means raw, in-shell molluscan shellfish. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.032 “Shucked shellfish” defined. (NRS 439.200, 446.940) “Shucked shellfish” means molluscan shellfish from which one or both shells have been removed. (Added to NAC by Bd. of Health by R069-10, eff. 12-18-2013)

NAC 446.0323 “Single-service articles” defined. (NRS 439.200, 446.940) “Single-service articles” means tableware, carry-out utensils and other items, including, without limitation, bags, containers, placemats, stirrers, straws, toothpicks and wrappers that are designed and constr…

NAC 446.0325 “Single-use articles” defined. (NRS 439.200, 446.940) 1. “Single-use articles” means utensils and bulk food containers that are designed and constructed to be used once and then discarded. 2. The term includes items such as wax paper, butcher paper, plastic wrap, for…

NAC 446.0327 “Smooth” defined. (NRS 439.200, 446.940) “Smooth” means: 1. In the case of food-contact surfaces, a food-contact surface which is free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel. 2. In the case of nonf…