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Cottage Food FAQ

The State of Nevada Legislature passed a cottage food bill in 2013 (Senate Bill 206) which was subsequently codified under Nevada Revised Statute (NRS) 446.866. This statute allows for certain foods to be prepared from a person’s private residence, providing that person has registered as a cottage food operator. Cottage foods are limited to where, how and to whom they can be sold.

The State of Nevada Legislature passed a cottage food bill in 2013 (Senate Bill 206) which was subsequently codified under Nevada Revised Statute (NRS) 446.866. This statute allows for certain foods to be prepared from a person’s private residence, providing that person has registered as a cottage food operator. Cottage foods are limited to where, how and to whom they can be sold.

Information and an application is available to register in Clark County at Cottage Food Operations.

To register in Nevada counties outside of Clark County, you must contact the respective agency to inquire about their procedures and policies.

The Nevada State Legislature passed a cottage food bill in 2013 (SB206) which was codified under Nevada Revised Statute (NRS) 446.866.

Registered cottage food operators found operating outside the requirements and limitations of NRS 446.866 will be considered as an unpermitted vendor. Food products may be confiscated or destroyed and applicable government agencies may be notified.

No, a cottage food operator must register the operation with the health authority. Nevada law (NRS 446.866.1 and NRS 446.020) excludes a cottage food operation from the definition of a “food establishment.”

Cottage foods can be sold in Clark County at a special event (such as a craft fair) or licensed farmers market without a permit, provided that only properly registered, prepared, packaged, and labeled food items are sold. Approval from the event coordinator or market manager is required.

To sell in Nevada counties outside of Clark County, you must contact the respective agency to inquire about registration procedures and policies.

The Nevada Legislature [NRS 446.866.1(f), NRS 446.866.3] limited a cottage food operation to mean a “natural person” (individual person) who prepares food items in his or her private home. Partners and employees are not permitted.

The Nevada Legislature [NRS 446.866.2(f)] limited cottage food to be prepared and processed in the kitchen of the private home of the cottage food operator. The health authority may register a kitchen that is not inspected by the health authority. Cottage food cannot be prepared at a permitted food establishment (such restaurant, commissary, market, etc.).

The Nevada Legislature [NRS 446.866.6(b)] limited cottage food items exclusively to nuts and nut mixes; candies; jams, jellies and preserves; vinegar and flavored vinegar; dry herbs and seasoning mixes; dried fruits; cereals, trail mixes and granola; popcorn and popcorn balls; or baked goods that are not potentially hazardous foods, baked goods that do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes; and baked goods that do not require time or temperature controls for food safety. All food items must be packaged in the home prior to transport and sale and be labeled properly.

Candies do not include cream-based chocolates such as ganache and truffles.

Jams, jellies, and preserves must be “standardized” recipes and contain only the fruits as described in 21 CFR 150—FRUIT BUTTERS, JELLIES, PRESERVES, AND RELATED PRODUCTS. Fruit butter is not allowed. Sugar-free or no sugar added jams or jellies are not allowed.

Flavored vinegar must be strained or filtered prior to bottling and may not contain any flavoring components, including but not limited to herbs, pieces of fruits or vegetables, and fruit rinds.

Herbs are limited to those commonly used to flavor food. Medicinal herbs are not allowed.

Dried fruits must be made from low acid fruits. Fruits that require time or temperature controls for food safety when cut are not allowed (for example: melons are not allowed). Low acid fruits may be freeze-dried.

Baked goods cannot contain cream-based frostings, cream-based ganache, cream cheese filling, cream cheese frosting, buttercream that contains egg (such as Swiss, Italian, French), Chantilly style frostings, custards (such as lemon bars, pumpkin filling/pie, pecan filling/pie, sweet potato filling/pie), or fresh fruit toppings/garnishes.

Additions to baked goods (inside or on top) must result in a non-potentially hazardous food. Animal products are not allowed. Hard cheeses must be grated and used sparingly. Soft cheeses are not allowed. Fruits and vegetables must be cut very small or grated. Acidified vegetables (such as jalapeno peppers) must be commercially manufactured

Baked goods must be cooked with dry heat such as baked in an oven or cooked on a hot skillet. Cooking by frying and steaming are not allowed.

In 2015, the Nevada Legislature passed a craft food bill under the jurisdiction of the Nevada Department of Agriculture (NDA) which allows certain acidified and pickled foods to be made in a private home. This law is not part of the cottage food law. Please contact the NDA for more information.

The cost of a cottage food operation registration is on the last page of the Environmental Health Fee Schedule which is updated annually on July 1 under “MISCPR – COTTAGE FOOD OPERATION REGISTRATION”.

The Nevada Legislature [NRS 446.866.1(b)] limited the sales of cottage foods to a person for their own consumption.

Cottage food cannot be sold by consignment, to a wholesaler, or to a permitted food establishment. Regarding permitted food establishments, cottage foods are considered food from an unapproved source and therefore prohibited to be served or sold in a permitted food establishment.

An in-person transaction from your home or at a flea market, swap meet, church bazaar, garage sale, or craft fair. Cottage foods cannot be sold without a person-to-person exchange. Food cannot be ordered, such as an internet or telephone order, with the food item mailed or delivered by a third party. However, foods can be ordered for in-person delivery by the cottage food operator via telephone or internet.

The Nevada Legislature (NRS 446.866.6) limited the gross food sales of cottage foods to no more than $35,000 per calendar year. Gross sales are the full amount received from customers without any deductions, including the cost of the ingredients.

The Nevada Legislature [NRS 446.866.1(a)] limited the sales of cottage foods to a direct person-to-person transaction at the home/private property of the cottage food operator, or at a licensed farmers market, flea market, swap meet, church bazaar, garage sale, or craft fair. The cottage law specifically prohibits selling food by telephone or via the internet.

A website/social media may be used for information and advertising but may not have an option for shipping.

SNHD registration does not expire if it remains accurate. You must contact SNHD:

  • If you move (private residence changes)
  • If you decide to expand your menu outside the categories of cottage food for which you are registered.

Examples:

  • If you are registered for trail mix and want to start selling baked goods, a new registration is required.

If you are registered for cookies (baked goods category) and now want to make cakes or breads (baked goods category), a new registration is not necessary.

This is outside the authority of SNHD. Check with the local business license jurisdiction(s) where you plan to produce and sell cottage foods (such as Clark County, City of Las Vegas, City of Henderson, City of North Las Vegas, City of Mesquite, City of Boulder City) to verify the requirement. It is important to remember that a cottage food operation is not a permitted food establishment.

Yes; however, registration with SNHD is required to sell cottage foods in Clark County. As NRS 446.866 only applies within the state of Nevada, the cottage food operator must live and prepare the food items within the state.

Yes, only if the samples are approved food items and are packaged in a food safe container/material in the home. All foods, including samples, must be pre-packaged at the point of production before transport to the point of sale.

The Nevada Legislature [NRS 446.866.2(c-e)] required all cottage foods to be prepackaged in the home and labeled in accordance with federal labeling requirements (21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101). In addition, the food must be clearly labeled “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION”.

It is the responsibility of the cottage food operator to ensure labels meet the federal requirements and are accurate. As of July 1, 2023, label review for cottage food is voluntary. The FDA Food labeling Guide summarizes requirements. You may also choose to use SNHD label review, a fee for service, for further assistance.

2025-08-26T10:36:16-07:00
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