//Chapter 15 – Special Events and Temporary Food Establishments

Chapter 15 – Special Events and Temporary Food Establishments

Parts
15-1 Definitions
15-2 Special Event Requirements
15-3 Temporary Food Establishment Requirements
15-4 Compliance and Enforcement

15-1 Definitions

Subparts
15-101 Applicability and Listing of Terms
15-102 Definitions

15-101 Applicability and Listing of Terms

15-101.11 Interpretation and Listing of Terms

The following definitions shall apply in the interpretation and application of this Chapter.

15-102 Definitions

EVENT COORDINATOR means a designated PERSON, or PERSON assigned by the SPECIAL EVENT SPONSOR, responsible for the coordination of TEMPORARY FOOD ESTABLISHMENTs, FOOD BOOTHs, and health related services at a SPECIAL EVENT.

EVENT COORDINATOR PERMIT means a PERMIT as issued by SNHD for a SPECIAL EVENT that will include 2 or more TEMPORARY FOOD ESTABLISHMENTs or FOOD BOOTHs at a given location, other than a single operator with multiple FOOD ESTABLISHMENTs located on their own property.

FOOD BOOTH means any place, structure, or premise associated with a SPECIAL EVENT in which any POTENTIALLY HAZARDOUS or open FOOD intended for ultimate human consumption is offered or served. Multiple operators shall not share a FOOD BOOTH. All operators shall be individually PERMITted as required by the HEALTH AUTHORITY.

LICENSED means formal permission or having a PERMIT from the appropriate federal, state, or local AGENCY OF JURISDICTION to carry out a function or event at a specified location.

SPECIAL EVENT means any LICENSED transitory public gathering that takes place at a given location for a specific purpose that is associated with a fair, carnival, circus, public exhibition, celebration, or trade show. The event has a defined start and stop date, with the given event not exceeding 14 consecutive days. This includes TASTING EVENTs.

SPECIAL EVENT SPONSOR means the PERSON, group, association, organization, corporation, or governmental agency sponsoring or promoting a SPECIAL EVENT.

TASTING EVENT means a SPECIAL EVENT, including but not limited to wine tastings and chili cook-offs, in which an entrance fee entitles the CONSUMER to FOOD service in conjunction with the event and where there is no point of sales directly at the booths.


15-2 Special Event Requirements
Subparts
15-201 Requirements for an Event Coordinator and Event Coordinator Permit
15-202 Event Coordinator Permit
15-203 Responsibilities of the Event Coordinator
15-204 Event Coordinator Permission to Operate
15-205 General Requirements for Special Events
15-206 Trade Shows, Conventions, Chili Cook-Offs, and Food and Beverage Tasting Events
15-207 Special Events Operated Within Pool Enclosures
15-208 Special Event Permit to Operate

15-201 Requirements for an EVENT COORDINATOR and EVENT COORDINATOR PERMIT

15-201.11 PERMIT Requirements

An EVENT COORDINATOR PERMIT for a SPECIAL EVENT or a trade show shall not exceed 14 days, and is not transferable from PERSON to PERSON or from location to location, and shall be required where there is more than one TEMPORARY FOOD ESTABLISHMENT, or more than one FOOD BOOTH, and:

(A) The EVENT COORDINATOR is operating the SPECIAL EVENT, including TASTING EVENTs, on their own property with outside FOOD or BEVERAGE vendors participating.

(B) The EVENT COORDINATOR is conducting the SPECIAL EVENT on property other than their own, with outside vendors providing FOOD or BEVERAGE services. If the event takes place on private property, a permission letter from the property owner shall be obtained and submitted to the HEALTH AUTHORITY as part of the application process.

(C) Annual Itinerants and mobile vendors are included in the total vendor count. If mobile vendors set up additional facilities outside of their unit, the vendor shall apply for a TEMPORARY FOOD ESTABLISHMENT PERMIT.

An EVENT COORDINATOR PERMIT will not be required if the following requirements are met:

(A) The EVENT COORDINATOR is the sole vendor associated with the SPECIAL EVENT. If the event is not operating on its own property, a permission letter from the property owner shall be obtained and submitted to the HEALTH AUTHORITY as part of the application process.

(B) A non-profit organization operating on their own property, as stated in NRS 446.870, is exempt from these Regulations. If the event is to be held off the PREMISES of the non-profit organization, an EVENT COORDINATOR PERMIT will be required.

15-201.12 EVENT COORDINATOR

The SPECIAL EVENT SPONSOR shall designate an EVENT COORDINATOR.

15-202 EVENT COORDINATOR PERMIT

15-202.11 Application

The EVENT COORDINATOR shall make written application for an EVENT COORDINATOR PERMIT on forms provided by the HEALTH AUTHORITY to include a description of support services, and a list of FOOD vendors with contact information.

(A) The application for the EVENT COORDINATOR PERMIT shall be accompanied by payment of a fee as established by the DISTRICT BOARD OF HEALTH.

(B) A late fee will be assessed if the PERMIT application and fee is not submitted to the HEALTH AUTHORITY a minimum of seven days prior to the start date of the event. Additional fees will be incurred if the PERMIT application is submitted less than 24 hours prior to the event.

(C) A map of the event shall accompany the application, or be provided no less than 48 hours prior to the start of the event.

(D) Once submitted the application shall be updated as required in Section 15-203.11(B) of these Regulations.

(E) Failure to submit an EVENT COORDINATOR application as required by this Section may result in a CEASE AND DESIST ORDER being issued prohibiting the preparation, display, service, and sale of any FOOD items at the SPECIAL EVENT.

15-202.12 Application Review

The EVENT COORDINATOR PERMIT application shall be reviewed by the HEALTH AUTHORITY and the proposed plan shall be APPROVED or denied. If denied, the applicant shall be notified of the reason(s) for the denial. Incomplete applications shall be denied.

15-203 Responsibilities of the EVENT COORDINATOR

15-203.11 Responsibilities

The EVENT COORDINATOR shall:

(A) Ensure compliance as specified in Section 15-205 of this Chapter.

(B) Inform the HEALTH AUTHORITY of any changes or additions made after the original application was reviewed.

(C) Coordinate all services required as specified in Section 15-205 of this Chapter.

(D) Notify all TEMPORARY FOOD ESTABLISHMENTs that will be associated with the SPECIAL EVENT that:

(1) They are required to make advance application for a PERMIT to operate as specified in Section 15-301 of this Chapter.

(2) Failure to make application for a PERMIT and pay any applicable fees may result in a CEASE AND DESIST ORDER being issued.

(E) Have a designated representative available to the HEALTH AUTHORITY during the event.

15-204 EVENT COORDINATOR Permission to Operate

15-204.11 Issuance of PERMIT

An EVENT COORDINATOR PERMIT shall be issued once it has been determined by the HEALTH AUTHORITY that applicable requirements have been met.

15-204.12 Time Limit for PERMIT

An EVENT COORDINATOR PERMIT to operate shall not exceed 14 consecutive days.

The EVENT COORDINATOR shall be responsible for all as specified on the EVENT COORDINATOR PERMIT application which may include, but is not limited to, potable water supply, disposal of waste water, disposal of solid waste, restroom facilities including associated HAND WASHING SINKs, power supply, and central refrigeration services.

15-205 General Requirements for SPECIAL EVENTS

15-205.11 Compliance with Requirements

SPECIAL EVENTs shall comply with the requirements specified in this Section and may be subject to other applicable chapters of these Regulations. As provided in NRS 439.410 and NRS 446.865, the HEALTH AUTHORITY may impose additional requirements to prevent potential health HAZARDs related to the operation of such events. A guidance documents is provided in Appendix I.

15-205.12 Support Services Responsibilities

The EVENT COORDINATOR shall be responsible for all items as specified on the EVENT COORDINATOR PERMIT application which may include, but is not limited to, potable water supply, disposal of waste water, disposal of solid waste, restroom facilities including associated HAND WASHING SINKs, power supply, and central refrigeration services. Depending upon the type of event, support services provided to TEMPORARY FOOD ESTABLISHMENTs may include the following:

(A) Adequate power shall be supplied by the EVENT COORDINATOR to those TEMPORARY FOOD ESTABLISHMENTs that require electrical or mechanical means to hold FOOD products at required temperatures. When mechanical refrigeration is used, power shall be provided in advance to bring units down to adequate temperatures.

(B) When central refrigeration services for FOOD vendors are provided, the EVENT COORDINATOR shall ensure that EQUIPMENT is capable of maintaining FOOD at required temperature. When EQUIPMENT is not maintaining FOOD at required temperature, it shall be taken out of service and any temperature abused FOOD shall be discarded.

(C) Common WARE WASHING facilities, if provided, shall be maintained as specified in Chapter 4 of these Regulations. At SPECIAL EVENTs exceeding three days in duration, a three-compartment sink shall be provided on-site by the EVENT COORDINATOR for TEMPORARY FOOD ESTABLISHMENT operators. The sink shall have hot water at a minimum temperature of 110°F±2°, and cold running water which drains to an APPROVED method of waste water disposal.

15-205.13 Lighting

A minimum of 20 foot-candles of artificial light shall be provided after dusk in all common areas.

15-205.14 Toilet Facilities

The EVENT COORDINATOR shall ensure that an adequate number of toilet facilities are provided for patron and participant use so as not to create a nuisance or public health HAZARD

(A) When the number of sewered toilets is insufficient, non-sewered toilets shall be provided. The operator of a SPECIAL EVENT shall provide toilet facilities as set forth in NAC 444.825 unless the HEALTH AUTHORITY reduces the number of toilet facilities otherwise required pursuant to NAC 444.825 by the number of public toilet facilities available.

(B) All toilets shall be adequately serviced, stocked with dispenser-held toilet tissue, and maintained during the event

15-205.15 HAND WASHING SINKS

(A) HAND WASHING SINKs shall be located at all toileting areas utilized by FOOD HANDLERs, including all non-sewered toilet areas.

(B) The operator of a SPECIAL EVENT shall provide at least one facility for hand washing for each group of toilet facilities.

(C) The portable HAND WASHING SINK shall be provided with running water that drains to an enclosed waste water tank.

(D) HAND WASHING SINKs shall be adequately serviced, stocked, and maintained during the event. Liquid hand soap in a pump dispenser, and SINGLE-USE paper towels dispensed in a sanitary manner, shall be available at the HAND WASHING SINK.

(E) The use of a hand sanitizer is not a substitute for HAND WASHING SINKs for FOOD HANDLERs.

(F) Hand sanitizer dispensers may be utilized at non-sewered toilet areas used by the public.

(G) The EVENT COORDINATOR shall ensure that HAND WASHING SINKs for customer use are placed at the entrance to any animal attraction associated with the event. Liquid hand soap in a pump dispenser, and SINGLE-USE paper towels dispensed in a sanitary manner, shall be available at the HAND WASHING SINK.

15-205.16 Water Supply

(A) The EVENT COORDINATOR shall notify all TEMPORARY FOOD ESTABLISHMENT operators, in advance, of the availability and location of potable water sources or that potable water will not be provided.

(B) Water haulers for SPECIAL EVENTs shall comply with NAC 445A.67275 through NAC 445A.6731.

(C) Non-potable water supplies including but not limited to water trucks for dust control shall not be used at SPECIAL EVENTs where spray or flow may contaminate FOOD. All non-potable water connections and service containers shall be clearly labeled.

(D) Hoses connected to potable water sources shall meet the requirements as specified in Chapter 5-302.16 of these Regulations.

15-205.17 Waste Water

The EVENT COORDINATOR shall ensure that all waste water generated at an event is discharged to a sanitary sewer. The dumping of waste water into a storm drain or directly onto the ground is strictly prohibited. Improper disposal may be subject to citations and/or penalties.

15-205.18 Solid Waste

(A) The EVENT COORDINATOR shall ensure proper disposal of garbage as specified on the EVENT COORDINATOR PERMIT application.

(B) The EVENT COORDINATOR shall ensure the presence of an adequate number of leak-proof trash receptacles in common areas for public use.

(C) Trash receptacles shall be emptied as often as necessary to prevent excessive accumulation of solid waste so as not to create a public health nuisance.

(D) The EVENT COORDINATOR shall provide for the removal of any solid waste scattered on the event PREMISES as a result of event activities, including the removal of such waste during and at the conclusion of the event.

(E) Grease and waste cooking oil shall be disposed of in a manner APPROVED by the HEALTH AUTHORITY. Disposal of grease or waste cooking oil to the sanitary sewer system in a storm drain or on the ground is prohibited and may be subject to citations and/or penalties.

(F) Improper disposal of solid waste may be subject to citations and/or penalties as specified in NRS 444.630.

(G) The EVENT COORDINATOR is responsible for developing and implementing a resource recovery plan at any event where attendance is expected to exceed 5,000 PERSONs per day. Cardboard, glass, plastic bottles, and aluminum generated at an event of this size shall be collected and recycled.

15-205.19 Animal Attractions

Animal attractions shall not create nuisances, odors, or fly problems that impact FOOD service operations. The HEALTH AUTHORITY may impose additional restrictions and requirements to ensure the health of the public.

15-206 Trade Shows, Conventions, Chili Cook-Offs, and FOOD and BEVERAGE Tasting Events

15-206.11 PERMIT Application

The EVENT COORDINATOR shall apply for an EVENT COORDINATOR PERMIT as specified in Sections 15-201 and 15-202 of this Chapter.

15-206.12 Responsibilities of the EVENT COORDINATOR

In addition to the responsibilities specified in Section 15-203 of this Chapter, the EVENT COORDINATOR of a trade show, convention, chili cook-off, or TASTING EVENT shall:

(A) Inform “for profit” and “non-profit” booth vendors, with point of sale or similar direct compensation for FOOD or BEVERAGE , that they must make advance application for a PERMIT to operate a TEMPORARY FOOD ESTABLISHMENT and that failure to do so may result in a CEASE AND DESIST ORDER being issued.

(B) Provide the criteria for proper set-up to vendors who do not accept monetary compensation as described in Section 15-303 of this Chapter and ensure that they are ready to operate at the time specified in the EVENT COORDINATOR application. Inspection of these booths shall be documented on the EVENT COORDINATOR PERMIT inspection report.

(C) Ensure that the general requirements for SPECIAL EVENTs, as specified in Section 15-205 of this Chapter, are in place prior to the opening time of the event as indicated on the EVENT COORDINATOR PERMIT application.

15-207 SPECIAL EVENTS Operated Within Pool Enclosures

15-207.11 Requirements

SPECIAL EVENTs, including TEMPORARY FOOD ESTABLISHMENTs, operated within pool enclosures shall also meet the requirements of NAC 444.288. The following requirements shall be met for all operations on pool decks and within pool barriers:

(A) No glass or breakable items shall be allowed except that glass liquor and mixer bottles under the control of a FOOD HANDLER are acceptable.

(B) Bar/FOOD units shall be located remotely from the edge of the pool on the raised rear deck area if available.

(C) Work stations shall not obstruct access to the pool deck, or to necessary fixtures, including but not limited to showers and water fountains.

(D) Work stations shall not be placed in any location where there is standing water.

(E) Work stations shall be broken down, covered, protected, and stored when not in use.

(F) All electrical connections for work stations shall be GFCI protected and testable, and temporary electrical runs shall not pass across walkways used by bathers or in wet areas such deck drains.

(G) An operational plan shall be completed and shall address all of the above including a statement that management will not permit FOOD or drink to be consumed within 4′ of any pool or spa.

15-208 SPECIAL EVENT PERMIT to Operate

15-208.11 Issuance of Report and Corrective Action

(A) The HEALTH AUTHORITY shall conduct an inspection of the SPECIAL EVENT and record the findings on an inspection report form. The HEALTH AUTHORITY shall furnish the original of the inspection report to the EVENT COORDINATOR.

(B) The EVENT COORDINATOR shall ensure that all documented violations are corrected as specified on the health inspection report.

(C) The EVENT COORDINATOR shall ensure that unAPPROVED TEMPORARY FOOD ESTABLISHMENTs do not operate at or during the SPECIAL EVENT.

(D) The EVENT COORDINATOR of TASTING EVENTs shall ensure that FOOD BOOTHs, with no point of sale but having outstanding violations, do not serve FOOD until corrective actions have been made as designated on the inspection report.

15-208.12 PERMIT Approval to Operate

Once all requirements for the EVENT COORDINATOR have been met, the health PERMIT for the SPECIAL EVENT shall be APPROVED.


15-3 Temporary Food Establishment Requirements
Subparts
15-301 Application to Operate a Temporary Food Establishment
15-302 Temporary Food Establishment Permit to Operate
15-303 Temporary Food Establishment Permit Exemptions
15-304 General Requirements for Temporary Food Establishments

15-301 Application to Operate a TEMPORARY FOOD ESTABLISHMENT

15-301.11 Application

(A) A PERSON desiring to operate any TEMPORARY FOOD ESTABLISHMENT shall make written application for a PERMIT in accordance with NRS 446.875.

(B) The application shall be made on forms provided by the HEALTH AUTHORITY. The TEMPORARY FOOD ESTABLISHMENT PERMIT application shall be submitted to the HEALTH AUTHORITY not less than seven days prior to the start date of the event.

(C) An application for a PERMIT to operate a TEMPORARY FOOD ESTABLISHMENT shall be accompanied by payment of a fee established by the DISTRICT BOARD OF HEALTH. A late fee will be assessed if the application and fee are not received a minimum of seven days prior to the start date of the event. Additional fees will be incurred if the PERMIT application is submitted less than 24 hours prior to the event.

15-301.12 Application Review

The TEMPORARY FOOD ESTABLISHMENT application shall be reviewed by the HEALTH AUTHORITY and the proposed plan shall be APPROVED or denied. If denied, the applicant shall be notified of the reason(s) for the denial. Incomplete applications shall be denied.

(A) If necessary to protect against public health HAZARDs, the HEALTH AUTHORITY may impose specific requirements in addition to the requirements contained in this Chapter as authorized by NRS 439.410 and NRS 446.865.

(B) The HEALTH AUTHORITY shall document the conditions that necessitate the imposition of additional requirements and the underlying public health concerns.

15-302 TEMPORARY FOOD ESTABLISHMENT PERMIT to Operate

15-302.11 PERMIT Requirement

It is unlawful for any PERSON to operate a TEMPORARY FOOD ESTABLISHMENT unless a valid PERMIT has been issued by the HEALTH AUTHORITY.

15-302.12 PERMIT Limitations

A TEMPORARY FOOD ESTABLISHMENT PERMIT shall not exceed 14 days and is not transferable from PERSON to PERSON or from location to location.

15-302.13 Inspection by the HEALTH AUTHORITY

(A) A TEMPORARY FOOD ESTABLISHMENT PERMIT to operate shall be issued only after inspection and approval by the HEALTH AUTHORITY and only after the TEMPORARY FOOD ESTABLISHMENT has obtained and paid for the appropriate PERMIT in advance of the event.

(B) The PERSON operating the TEMPORARY FOOD ESTABLISHMENT shall prominently display all original licenses and PERMITs under which the TEMPORARY FOOD ESTABLISHMENT is operating in a conspicuous location, easily readable by the public, and at each FOOD BOOTH or point of sale.

(C) The HEALTH AUTHORITY shall issue a CEASE AND DESIST ORDER to a TEMPORARY FOOD ESTABLISHMENT if the establishment is found to be violating the requirements set forth in these Regulations which include but are not limited to failing to obtain and pay for the appropriate PERMIT prior to the event. The TEMPORARY FOOD ESTABLISHMENT shall not resume operations until APPROVED by the HEALTH AUTHORITY.

(D) The HEALTH AUTHORITY may periodically inspect throughout the PERMIT period, any TEMPORARY FOOD ESTABLISHMENT to verify that good public health practices are in place. Conditions warranting additional inspections include, but are not limited to:

(1) Improvised rather than permanent facilities or EQUIPMENT for accomplishing functions including but not limited to hand washing, FOOD preparation and protection, FOOD temperature control, WARE WASHING, providing DRINKING WATER, solid waste storage and disposal, and insect and rodent control.

(2) Inexperienced FOOD HANDLERs.

(3) Inclement weather.

(4) Citizen or alleged FOOD BORNE ILLNESS complaint investigations.

15-302.14 FOOD Prohibitions

Except as otherwise specified in Section 15-303 of this Chapter, FOOD that is prepared in a private home shall not be sold, offered or displayed for sale, or offered for compensation or contractual consideration of any kind.

15-303 TEMPORARY FOOD ESTABLISHMENT PERMIT Exemptions

15-303.11 Exemptions

In accordance with NRS 446.870, the following FOOD ESTABLISHMENTs are exempt from obtaining a PERMIT:

(A) Any PERSON that prepares FOOD in a private home and gives it away free of charge or for consideration of any kind unless it is given to a PERMITted FOOD ESTABLISHMENT.

(B) A religious, charitable, or other non-profit organization may, without possessing a PERMIT from the HEALTH AUTHORITY, sell FOOD occasionally to raise money, whether or not the FOOD was prepared in a private home, provided the sale occurs on the PREMISES of the organization. If the sale is to occur off the PREMISES of the organization, a PERMIT shall be required.

(C) The HEALTH AUTHORITY may exempt a TEMPORARY FOOD ESTABLISHMENT from obtaining a PERMIT if the HEALTH AUTHORITY determines that the FOOD which is sold, offered, displayed for sale, or served at the establishment does not constitute a potential or actual HAZARD to the public health. Exemptions include but are not limited to:

(1) Commercially bottled or canned BEVERAGEs, including water, that do not require refrigeration, and are served from the SEALED original properly labeled container without addition of ice or other regulated product.

(2) SEALED, commercially PACKAGED non-PHF (TCS) from an APPROVED SOURCE with proper labeling including but not limited to potato chips, candy, popcorn, and other similar FOOD.

(3) Booths which sample FOOD, but do not receive compensation or sell the product sampled at the booth. Although a TEMPORARY FOOD ESTABLISHMENT PERMIT is not required, the booth may be subject to requirements of these Regulations and may be inspected under the EVENT COORDINATOR PERMIT.

15-304 General Requirements for TEMPORARY FOOD ESTABLISHMENTS

15-304.11 Compliance with Requirements

TEMPORARY FOOD ESTABLISHMENTs shall comply with the requirements specified in this Chapter and other applicable portions of these Regulations.

(A) The HEALTH AUTHORITY may impose additional requirements to protect the public from potential HAZARDs related to the operation of these establishments.

(B) The HEALTH AUTHORITY may restrict or limit menu items, and may prohibit the sale of any PHF (TCS) that may put the public at RISK of disease or injury. The HEALTH AUTHORITY:

(1) If necessary to protect the public health, specific requirements in addition to the requirements specified in this Chapter and as specified by NRS 439.410 and NRS 446.865, may be imposed.

(2) Shall document the conditions that necessitate the imposition of additional requirements and shall state the underlying public health concerns.

(C) TEMPORARY FOOD ESTABLISHMENTs, and all other operations which sell alcoholic BEVERAGEs for consumption on PREMISES, shall post health warnings for drinking during pregnancy as specified in NRS 446.842.

15-304.12 PERSON IN CHARGE

Each TEMPORARY FOOD ESTABLISHMENT shall have a designated PERSON IN CHARGE responsible for knowledge of, and compliance with, these Regulations. Such PERSON shall be on-site and accessible during all hours of operation of the TEMPORARY FOOD ESTABLISHMENT. Facilities without such PERSON IN CHARGE shall not be APPROVED to open or operate.

15-304.13 FOOD Source

(A) All FOOD shall be obtained from an APPROVED SOURCE acceptable to the HEALTH AUTHORITY. Home canned FOOD is prohibited.

(B) As per NRS 446.870, no preparation or storage shall occur at a private residence or anywhere other than at a PERMITted FOOD ESTABLISHMENT for any PHF (TCS) or perishable FOOD intended to be sold, offered, or displayed for sale at a TEMPORARY FOOD ESTABLISHMENT.

(C) In the absence of an APPROVED COMMISSARY, same day receipts for FOOD shall be available on-site for review by the HEALTH AUTHORITY upon request.

(D) Receipts and/or invoices shall be maintained at the booth for all FOOD obtained outside of Clark County, Nevada.

(E) Ice, which is intended for human consumption or cooling purposes, shall be obtained from an APPROVED SOURCE.

(F) Packages of FOOD, including packages of FOOD rePACKAGED from bulk that was prepared within Clark County, that are for sale in a TEMPORARY FOOD ESTABLISHMENT shall have a label which has been APPROVED by the HEALTH AUTHORITY . The label shall meet the requirements as specified in Chapter 3 of these Regulations.

15-304.14 FOOD Cooking, Holding and Service EQUIPMENT

(A) All FOOD cooking, holding, and service EQUIPMENT shall be constructed of non-toxic materials, including but not limited to those specified in Chapter 4-201.11 of these Regulations and shall be maintained clean, in good repair, and in such condition as not to present a RISK to public health.

(B) The HEALTH AUTHORITY shall restrict FOOD at an event if adequate facilities are not available and functioning properly to maintain FOOD at required temperatures.

(C) An appropriately sized and calibrated stem thermometer with a range of 0-220°F±2° shall be available and used to monitor the temperature of PHF (TCS).

(D) Adequate EQUIPMENT shall be provided to maintain hot FOOD at a temperature of 135ºF±2° or above during storage, display, and service. APPROVED EQUIPMENT includes, but is not limited to, steam tables, hot boxes, grills, and chafing dishes.

(E) Adequate EQUIPMENT shall be provided to maintain cold FOOD at a temperature of 41ºF±2° or below during storage, display, and service. APPROVED EQUIPMENT includes, but is not limited to, mechanical refrigeration units and ice chests with a drain.

15-304.15 Cooking, Reheating and Hot Holding of PHF (TCS)

(A) PHF (TCS) shall be cooked to the following minimum temperatures unless otherwise ordered by the immediate CONSUMER:

(1) All cooked FOOD that is reheated shall be heated, within two hours, to a minimum internal temperature of 165ºF±2° for at least 15 seconds. FOOD EQUIPMENT intended for hot holding shall not be used to reheat FOOD.

(2) All POULTRY products, stuffed MEATs, and stuffing containing animal products shall be cooked to a minimum internal temperature of 165ºF±2° for at least 15 seconds.

(3) All pork products, except whole-muscle intact pork, and ground beef shall be cooked to a minimum internal temperature of 155ºF±2°.

(4) Beef, whole-muscle intact pork, and FISH products shall be cooked to a minimum internal temperature of 145ºF±2°.

(5) Roast beef shall be cooked to an internal temperature of at least 130°F±2°, and held at 130°F±2°, for a minimum of 112 minutes prior to service.

(6) If FOOD of animal origin is provided in an undercooked state per the request of the individual CONSUMER, the operator of the TEMPORARY FOOD ESTABLISHMENT shall post a CONSUMER advisory as specified in Chapter 3-401.11(D) of these Regulations.

(B) Hot PHF (TCS) shall be held at 135° F±2° or above.

(C) BARBECUE grills shall be constructed of non-toxic materials designed for the cooking of FOOD. Use of recycled 55-gallon metal drums is prohibited.

15-304.16 FOOD Preparation

(A) All FOOD handling and preparation shall take place within the PERMITted TEMPORARY FOOD ESTABLISHMENT unless prepared at an APPROVED FOOD ESTABLISHMENT.

(B) POTENTIALLY HAZARDOUS FOOD (TCS) served at the TEMPORARY FOOD ESTABLISHMENT shall be prepared and served on the same day and shall not be held for service on the following day.

(C) FROZEN FOOD shall be thawed by one of the following APPROVED methods:

(1) Under refrigeration.

(2) In an ice chest, with drain, provided the FOOD is maintained at 41ºF±2° or colder.

(3) As part of the cooking process.

15-304.17 FOOD Protection and Storage

(A) During transport and storage, all FOOD shall be protected from CONTAMINATION and held within required safe temperatures as set forth in these Regulations.

(B) All FOOD, FOOD-CONTACT SURFACEs, SINGLE-SERVICE AND SINGLE-USE ARTICLES shall be stored at least 6″ off the ground or floor.

(C) All FOOD shall be covered or shielded to protect it from dust, dirt, insects, patrons, and other sources of CONTAMINATION.

(D) Animals are prohibited in FOOD preparation and storage areas except as specified in Chapter 6-501.21 of these Regulations.

(E) CONDIMENTs shall be dispensed in SINGLE-SERVICE type packaging, or from squeeze bottles, shakers, or dispensers APPROVED by the HEALTH AUTHORITY.

(F) Samples shall be dispensed by means that prevent CONSUMERs from contaminating other samples. Sampling methods may include:

(1) Individually wrapped portions.

(2) Tongs.

(3) Toothpicks.

(4) Units that dispense one sample at a time.

(5) Separation by use of deli paper or cups.

(6) A FOOD HANDLER dispensing a sample into the CONSUMER’s hands by use of a gloved hand or UTENSIL.

(G) FOOD shall be protected from CROSS-CONTAMINATION by keeping raw animal products away from READY-TO-EAT FOOD during transportation, storage, preparation, holding, and display.

(1) The same ice chest may not be used for the storage of both raw animal products and READY-TO-EAT FOOD.

(2) EQUIPMENT and UTENSILs shall be thoroughly cleaned and sanitized, as specified in Section 15-304.19 of this Chapter, between being used for raw animal products and READY-TO-EAT FOOD.

(3) When WARE WASHING facilities are not available, an adequate supply of clearly identified EQUIPMENT and UTENSILs shall be provided for use on raw animal products.

(H) FOOD dispensing UTENSILs shall be stored in a manner that protects UTENSILs and FOOD from CONTAMINATION. UTENSILs may be stored:

(1) In the FOOD product with the handle extended above the FOOD.

(2) On a FOOD-CONTACT SURFACE including but not limited to a clean portion of a FOOD preparation table or cooking EQUIPMENT that has been properly cleaned and sanitized at an APPROVED frequency.

(3) In a clean, protected location if the UTENSILs including but not limited to ice scoops, are used only with a FOOD that is non-PHF (TCS).

(4) In a container of water, if the water is maintained at a temperature of 41°F±2°, or below, or 135ºF±2°, or above, and the UTENSILs and the container are cleaned at least every four hours or at a frequency necessary to preclude accumulation of FOOD residues.

(I) Ice intended for use in BEVERAGEs shall be stored separately from ice used for all other purposes, and shall be dispensed as directed in Section (G) above using an APPROVED scoop with a handle.

(J) Ice used for cooling shall not be used for consumption. Ice used for cooling purposes:

(1) Shall not come in direct contact with FOOD.

(2) Shall have adequate drainage to prevent pooling of water.

(K) BEVERAGEs stored in cooling ice are not allowed for self-service to the general public and shall be dispensed by the TEMPORARY FOOD ESTABLISHMENT operator.

(L) Chemicals shall be stored separate from, and below, all FOOD, SINGLE-SERVICE AND SINGLE-USE ARTICLES, and FOOD EQUIPMENT.

(M) FOOD preparation and cooking EQUIPMENT shall not be stored in areas accessible to the public.

(N) All open FOOD preparation, storage, and display surfaces shall be SMOOTH and EASILY CLEANABLE.

(O) Cloth towels shall not come in direct contact with FOOD.

15-304.18 Hygienic Practices Requirements and HAND WASHING SINKS

(A) A HAND WASHING SINK shall be readily accessible inside or directly adjacent to, but not more than 10′ from, the preparation area of a TEMPORARY FOOD ESTABLISHMENT. The HAND WASHING SINK shall be in place, properly equipped, and ready for use prior to any open FOOD handling.

(1) When a portable or plumbed HAND WASHING SINK is not available, a container with a spigot or other means that will allow gravity flow of tempered water, at temperatures of 90°±2° to 110°±2°, with a minimum capacity of two gallons shall be provided. At least five gallons of potable water shall be available on-site for the purpose of washing hands.

(2) Liquid hand soap in a pump dispenser, and SINGLE-USE paper towels dispensed in a sanitary manner, shall be available at the HAND WASHING SINK.

(3) Waste water from the hand washing process shall drain into a designated container large enough to prevent splash or overflow. The waste water container shall be emptied as needed into a sanitary sewer.

(4) A waste receptacle shall be located near the HAND WASHING SINK for the disposal of paper towels.

(5) Hand sanitizers and SINGLE-SERVICE gloves may be used, but are not a substitute for hand washing. An employee of a FOOD ESTABLISHMENT shall not use a pair of gloves intended for a single use for more than one purpose, and shall discard the gloves after they are damaged or soiled, or after the process of preparing FOOD has been interrupted.

(6) When using gloves for working with FOOD, hands shall be washed before donning gloves for working with FOOD and after removing gloves when handling raw animal products.

(7) A HAND WASHING SINK is not required if the only FOOD items offered are commercially PRE-PACKAGED FOOD and BEVERAGEs that are dispensed in their original unopened containers.

(B) FOOD service workers, as a minimum, shall wash their hands:

(1) Before entering FOOD preparation and service areas.

(2) Immediately before engaging in any FOOD preparation.

(3) Before donning gloves for working with READY-TO-EAT FOOD and after removal of gloves when working with raw animal product.

(4) After using the toilet, smoking, eating, or handling raw FOOD.

(5) As often as necessary to remove soil and CONTAMINATION and to prevent CROSS-CONTAMINATION.

(C) Unless prior operational procedures are APPROVED by the HEALTH AUTHORITY, FOOD HANDLERs shall eliminate bare hand contact with READY-TO-EAT FOOD by suitable means including but not limited to deli paper, spatulas, tongs, SINGLE-USE gloves, or dispensing EQUIPMENT. The use of SINGLE-USE gloves or UTENSILs is not a substitute for required hand washing. A guidance document is provided in Appendix K.

(D) Eating in the TEMPORARY FOOD ESTABLISHMENT shall be restricted to designated areas away from all FOOD preparation and storage areas.

(E) Employee BEVERAGEs shall be in a closed container and stored away from FOOD and FOOD-CONTACT SURFACEs.

(F) All FOOD HANDLERs shall wear clean clothing.

(G) Any PERSON not directly involved in the operation of a TEMPORARY FOOD ESTABLISHMENT shall be restricted from FOOD preparation and service areas.

15-304.19 Cleaning and Sanitizing of UTENSILS and EQUIPMENT

(A) An APPROVED sanitizing solution in a labeled container shall be available prior to any open FOOD handling taking place.

(1) APPROVED sanitizer solutions in water include 50-100 ppm chlorine (bleach), or at a concentration specified by the manufacturer, quaternary ammonium compound applied at a concentration specified by the manufacturer, or 12.5 ppm iodine or at a concentration specified by the manufacturer,

(2) Appropriate test strips shall be available and used to measure the concentration of the sanitizer.

(3) Clean wiping cloths shall be used for frequent sanitizing of FOOD-CONTACT SURFACEs and EQUIPMENT and shall be stored in the sanitizing solution when not in use.

(B) EQUIPMENT and UTENSILs shall be washed, rinsed, and sanitized at least once every four hours, or replaced after four hours.

(1) When available, a three-compartment sink or commercial dish washing machine, plumbed with hot and cold water, shall be used to wash, rinse, and sanitize FOOD service UTENSILs and EQUIPMENT.

(2) As a minimum, a WARE WASHING facility shall have:

(a) Three basins large enough for immersion of UTENSILs and EQUIPMENT.

(b) An adequate supply of potable water.

(c) An APPROVED disposal system for waste water.

(3) Sequence for manual WARE WASHING:

(a) Wash in the first basin with a clean solution of detergent and water with a minimum temperature of 110°F±2°.

(b) Rinse in the second basin filled with clean water.

(c) Sanitize in the third basin by immersion for a minimum of 1 minute, or as directed by the manufacturer, in an APPROVED sanitizing solution as listed in Chapter 4-402.11(B) (3) of these Regulations.

(d) Air dried in a sanitary manner.

(e) Water shall be changed as necessary.

(C) Those TEMPORARY FOOD ESTABLISHMENTs, at SPECIAL EVENTs with common WARE WASHING facilities, shall maintain a sufficient supply of clean and sanitized UTENSILs and/or EQUIPMENT, within the establishment, to provide for the required replacement at least every four hours or more often as needed. All dirty UTENSILs shall be returned to the common WARE WASHING area for cleaning and sanitizing.

(D) Clean UTENSILs shall be stored in a sanitary manner.

15-304.20 TEMPORARY FOOD ESTABLISHMENT Site Requirements

(A) TEMPORARY FOOD ESTABLISHMENTs shall be constructed and located to minimize the RISK of FOOD CONTAMINATION from external sources including but not limited to SEWAGE, flooding, dust, insects, and vermin.

(B) The floor, ground, or ground cover shall be maintained to minimize CONTAMINATION from dust, insects, and water, and be graded to drain away from the TEMPORARY FOOD ESTABLISHMENT.

(C) Where a temporary structure is provided it shall be constructed in a manner to prevent CONTAMINATION of FOOD, and FOOD-CONTACT SURFACEs.

(D) Heating EQUIPMENT, and cooking and storage EQUIPMENT shall be located in an area inaccessible to the public.

(E) Outdoor open FOOD operations shall have overhead protection unless otherwise specified by the local fire authority.

(F) TEMPORARY FOOD ESTABLISHMENTs may not be closer than 50′ from any non-sewered toilets and/or animal pens. The 50′ setback requirement may be waived by the HEALTH AUTHORITY if public health concerns are not compromised by such WAIVER.

15-304.21 Water Supply

An adequate supply of potable water shall be available for cooking purposes, hand washing, and cleaning and SANITIZATION of EQUIPMENT, UTENSILs, and FOOD-CONTACT SURFACEs. A public water supply shall be protected with the appropriate backflow prevention device. Non-grade or garden hoses shall not be used for delivery of water for human consumption or FOOD preparation.

15-304.22 Waste Water

Waste water shall be disposed into a sanitary sewer system. Waste water shall not be dumped onto the ground surface, into waterways, or into storm drains. Waste water shall be collected in watertight containers until properly disposed. A TEMPORARY FOOD ESTABLISHMENT shall cease all FOOD operations if waste water spills occur.

15-304.23 Solid Waste

Frequent disposal of solid waste is required to prevent excessive accumulation and to eliminate the potential for a public health HAZARD.

15-304.24 Lighting

A minimum of 35-foot candles of natural or artificial light shall be provided on all work surfaces. Artificial lighting above open FOOD areas shall be shielded.


15-4 Compliance and Enforcement
Subparts
15-401 Operation of Temporary Food Establishment Without a Permit
15-402 Inspections
15-403 Examination and Condemnation of Food
15-404 Food Borne Illness Reporting and Investigation
15-405 Enforcement Actions
15-406 Interference with Performance of Duties

15-401 Operation of TEMPORARY FOOD ESTABLISHMENT Without a PERMIT

15-401.11 TEMPORARY FOOD ESTABLISHMENT Operators

TEMPORARY FOOD ESTABLISHMENT operators who are found operating without a valid health PERMIT shall be required to cease FOOD operations immediately until a valid health PERMIT is APPROVED and obtained. Failure to comply will result in a written notice of violation and possible subsequent legal action taken by the HEALTH AUTHORITY.

15.402 Inspections

15-402.11 Credentials

After presenting official credentials, the HEALTH AUTHORITY shall be allowed to inspect, at any reasonable time, any FOOD ESTABLISHMENT within Clark County to determine compliance with these Regulations. The HEALTH AUTHORITY shall be allowed to examine any applicable information pertaining to FOOD and supplies purchased, received, or used, and PERSONs employed.

15-402.12 Findings

Whenever the HEALTH AUTHORITY makes an inspection of a FOOD ESTABLISHMENT, the findings shall be recorded on an inspection report form. The HEALTH AUTHORITY shall furnish the original of the inspection report form to the PERMIT HOLDER, operator, or the designated PERSON IN CHARGE.

15-403 Examination and Condemnation of FOOD

15-403.11 ADULTERATED FOOD or RISK to Public Health

FOOD which upon inspection of a TEMPORARY FOOD ESTABLISHMENT by the HEALTH AUTHORITY, is determined to have been potentially ADULTERATED or for any reason may present a substantial RISK to public health shall be condemned. FOOD that has been condemned may be voluntarily destroyed and discarded by the establishment operator in the presence of the HEALTH AUTHORITY or otherwise placed on hold as specified in NRS 446.920.

15-404 FOOD BORNE ILLNESS Reporting and Investigation

15-404.11 Notification

When a FOOD BORNE ILLNESS or FOOD related injury is reported to any employee of a TEMPORARY FOOD ESTABLISHMENT, the employee shall notify the operator of the establishment immediately of the report. The operator shall immediately report the incident to the HEALTH AUTHORITY and remove from sale, and refrigerate, any suspect FOOD until release by the HEALTH AUTHORITY.

15-404.12 Investigation

When the HEALTH AUTHORITY suspects that a SPECIAL EVENT, TEMPORARY FOOD ESTABLISHMENT, or its employees may be the source of a FOOD BORNE ILLNESS, appropriate action shall be taken to control transmission of the FOOD BORNE ILLNESS. Such action may include, but is not limited to, any or all of the following:

(A) Secure records that may enable identification of PERSONs potentially exposed to the illness, and/or requiring additional assistance in locating such PERSONs. This includes records of hotels, motels, or any other facilities on whose PREMISES the TEMPORARY FOOD ESTABLISHMENT is operating.

(B) Obtain samples of any suspect FOOD for laboratory examination.

(C) Require the destruction of suspect FOOD, or preventing the suspect FOOD being served until such time as the FOOD has been deemed safe for human consumption.

(D) Require implementation of environmental controls to reduce the potential exposure of the public to environmental contaminants or injuries resulting from existing conditions at a SPECIAL EVENT or in a TEMPORARY FOOD ESTABLISHMENT.

15-405 Enforcement Actions

15-405.11 Notice of Violation

Whenever the HEALTH AUTHORITY finds an unsanitary condition, or an IMMINENT HEALTH HAZARD at a SPECIAL EVENT or in the operation of a TEMPORARY FOOD ESTABLISHMENT, the HEALTH AUTHORITY may issue a written Notice of Violation (NOV) to the PERMIT HOLDER or operator citing the condition, and specifying the time in which the corrective action must be taken. The HEALTH AUTHORITY may suspend an operation or a portion thereof for a critical or major violation until such time as the violation has been corrected.

15-405-12 Cease and Desist

The HEALTH AUTHORITY may issue a CEASE AND DESIST ORDER of all operations until the IMMINENT HEALTH HAZARD has been abated and a reinspection has been conducted to ensure compliance. The TEMPORARY FOOD ESTABLISHMENT PERMIT will be reinstated only after the violations have been corrected.

15-406 Interference with Performance of Duty

15-406.11 Unlawful

As per NRS 446.885(3), it is unlawful for any PERSON to interfere with the HEALTH AUTHORITY in the performance of his or her duties.

Contact Information

Phone: (702) 759-1258

Download Full Regulations: PDF

Updated on:  October 11, 2018

2018-10-11T14:59:25-07:00