If your planned business includes the incidental sale of commercially packaged, non-hazardous foods, you may be exempt from obtaining a health permit, provided your business meets the criteria established under NAC 446.042 listed below:

NAC 446.042 Exemption from requirements; revocation of exemption.

• For a food establishment to be exempted pursuant to the provisions of NRS 446.870 may include:
  • Provide restroom facilities for its employees that meet the requirements of NAC 446.445.
  • Not serve, sell, give away, display or store potentially hazardous food.
  • Store all food to be sold or offered for sale within the establishment.
  • Ensure that the display or storage of food meets the requirements of NAC 446.050 to 446.195, inclusive.
  • Ensure that food is not consumed on the premises.
  • Not offer seating to the public.
  • Ensure that the primary business of the establishment is not related to food and that the portion of the establishment that is related to food does not occupy more than 25 percent of the total area of the establishment.

The handling of food, including cooking food, opening containers of bulk food and repackaging or processing food of any kind, is not allowed within an exempted establishment.

The types of foods you may sell are provided under NAC 446.042.2 below: 

• The food sold or offered for sale by a food establishment that has been exempted pursuant to the provisions of NRS 446.870 may include:
  • Commercially canned or bottled beverages;
  • Coffee or coffee beans;
  • Prepackaged snacks and candies;
  • and Prepackaged food supplements such as spices, teas and herbs.

In order to obtain an exemption, the food establishment exemption form PDF (22 KB/1 page) must be completed and submitted to the Plan Review office. There is a one-time $49 fee for processing the application. Please be aware that the fee will not be refunded if the application is denied.

Once the application has been accepted, a field visit will be made to your place of business to verify the assertions made in the application. The application may be approved or denied at that time. If the application is denied on field visit, a Health Permit will be required to operate (see NAC 446.042.4):

If a food establishment fails to comply with the requirements of this section, the health authority shall revoke the exemption and close the portion of the establishment that sells food. A food establishment that has had its exempt status revoked must obtain a permit pursuant to the provisions of NRS 446.875 before resuming any operation of a food establishment.