What Farmers’ Market/Swap Meet Managers Needs to Know
What is a cottage food operation?
A cottage food operation, as allowed by a revision of Nevada Revised Statutes (NRS) Chapter 446, means a natural person who manufactures or prepares food items in a non-food establishment setting for sale directly to an end consumer.
Cottage food preparation takes place in a kitchen that is not inspected by a governmental entity.
What foods can be manufactured by a cottage food operation?
The types of foods that can be manufactured are limited and are shelf stable:
Nuts and nut mixes;
Jams, jellies, and preserves;
Vinegar and flavored vinegar;
Dry herbs and seasoning mixes;
Cereals, trail mixes, and granola;
Popcorn and popcorn balls; or
Baked goods that:
Are not potentially hazardous foods;
Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and
Do not require time or temperature controls for food safety.
What are the requirements and limits on cottage food sales?
Before producing and selling a cottage food product, the operator must register with the health district. Other requirements per NRS 446 include:
The product must be durably packaged with specific labeling and a warning statement.
All sales must be direct to the end consumer and not for resale. Sales may take place on the cottage food operator’s private property, site of manufacture or at a farmers’ market, flea market, swap meet, church bazaar, garage sale or craft fair.
To maintain exemption from permitting at a location that is regulated by the health district, such as farmers’ markets or swap meets, the food product must remain in its durable packaging with proper labeling affixed.
Food samples may be individually pre-portioned in closed, disposable containers at the cottage food operation kitchen for sample distribution at the sale site. Open product sampling is not allowed under the law.
As a Farmers’ Market or Swap Meet Manager, what are my responsibilities if I allow a cottage food operator to sell food at my event/location?
Ask the cottage food operator for proof of registration.
Ensure the food for sale is limited to the above list, packaged and labeled per the requirements of the NRS 446.
Do not allow open sampling.
List the cottage food operation on your application/notifications to the health district.
If you have any questions contact the Environmental Health Division at (702) 759-0588.