Section 2 — Sampling for Foods Potentially Adulterated with Lead
2.1 Sampling for potential lead adulteration
2.1.1 Samples may be taken from manufacturing facilities, distribution facilities and retail outlets for testing of lead content when the Health Authority is made aware that certain foods, potentially in the Clark County distribution stream, have been identified as adulterated by other federal, state, or local entities.
2.1.2 The Health Authority may become aware of the potentially adulterated food during an investigation of a child with an elevated blood lead (EBL) level, where the child is reported to have consumed specific food(s) that, after laboratory testing, were found to have lead content exceeding 0.100 ppm.
2.1.3 At the discretion of the Health Authority, additional random sampling and testing of candy may take place at any time.
2.1.4 Foods sampled by the Health Authority shall be sent to a qualified laboratory that has demonstrated proficiency to conduct lead analysis using ICP-MS on food or using either ICP-MS or GFAAS on wrappers using laboratory procedures and methods outlined in the current version of the United States, Food and Drug Administration, Elemental Analysis Manual for Food and Related Products. The method employed shall have a limit of quantification (LOQ) of 50 parts per billion (ppb) or less (i.e., 0.050 ppm).
2.2 Food removal pending sample results
2.2.1 The remaining production lot of the sample taken pursuant to Sections 2.1.1 to Section 2.1.3 inclusive, shall be temporarily removed from sale and distribution to retail outlets as appropriate.
2.2.2 The Health Authority shall issue a Hold Order for the remaining foods specified in Section 2.2.1, in accordance with NRS Chapter 585 and Chapter 446 (See Appendices A and B). This Hold Order shall remain in effect until the foods have been tested, the results have been received and reviewed by the Health Authority and the Health Authority has determined that foods are not adulterated.
2.2.3 For the purposes of this Section, if the production lot cannot be determined for the remaining food specified in Section 2.2.1, then all similarly-labeled foods shall be removed from sale or taken out of distribution, as appropriate, and a Hold Order shall be issued for these remaining foods in accordance with NRS Chapter 446.
2.3 Sample results
2.3.1 The results of any testing shall be shared with the public through the Health Authority website.
2.3.2 The operator of the retail outlet, distribution facility, and/or manufacturing facility shall be notified by the Health Authority, in writing, of the findings.
2.3.3 Any food held under a Hold Order specified in Section 2.2.2, which is found to be unadulterated, shall be released by the Health Authority in writing to the operator of the retail outlet, distribution facility, and/or manufacturing facility.
2.3.4 Any food or wrapper which the Health Authority determines to be adulterated shall be declared a public nuisance.
Phone: (702) 759-1258
Updated on: October 11, 2018