The law regarding home-based food businesses in Southern Nevada can be quite confusing and may appear contradictory. The simplest answer to the question “Can I produce foods for sale to the public in my private home kitchen” is “No”; but that “no” comes with significant explanation and qualification.
Private is the key word in the above question. Once a home kitchen becomes a food establishment, it is no longer what one would consider “private,” in the same sense that people consider their homes to be private.
Nevada Revised Statutes definition of food establishments:
NRS 446.020, paragraphs 1 & 2 state that “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…”
AND
NRS 446.870, paragraph 4, states that “… 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 preparing the food possesses a valid permit issued to him by the health authority for that purpose.”
Simply put, a “private home” is not a food establishment unless it is producing food for sale to the public, and then, as a food establishment, the area of the home producing food is no longer private, but subject to permitting and inspection.
If a home is being used to manufacture, store, serve, offer or display foods for sale to the public, then it is a food establishment and subject to regulatory enforcement and permitting as required by NRS 446.875.
The design, structure, equipment, and operational requirements for such a home business are the same as for any other commercial food business. For example, commercial food equipment, approved lighting, wall, floor, and ceiling finishes, and approved ware-washing and hand-washing sinks are required. A separate restroom, specifically designated for use by the food establishment, is required. The kitchen and storage areas cannot be used to prepare or store foods for personal use, and persons without food-handling health cards are prohibited from using the kitchen.
The kitchen and/or food storage area must be accessible for inspection at any reasonable time, and as inspection staff are not allowed to enter “private residential” areas to access the area to be inspected, direct access is required.
A home-based food business is not a simple operation. In addition to the health permitting process, there may be zoning and business licensing challenges as well.
People wishing to pursue a home-based food business generally attempt to find a permitted food establishment that is willing to lease or rent them space for food production during off-hours. A separate health permit, under the new leasees’ name, is required. The application process is described on the Food Plan Review Process page.
As with most rules, there are exceptions. Nevada Revised Statutes provides exceptions as follows:
Per NRS 446.870, paragraph 2, persons and organizations may prepare food in a private home and give away such food for charitable purposes without a permit from the Health Authority. Read the full statute for details www.leg.state.nv.us.
Per NRS 446.870, paragraph 5, allows non-profit, religious or charitable organizations or groups to prepare and sell foods occasionally for fund raising purposes, if the sale occurs on the premises of that organization. Read the full statute for details www.leg.state.nv.us.
