Health Permit Exemption

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 it must:

  1. Provide restroom facilities for its employees that meet the requirements of NAC 446.445.
    1. Not serve, sell, give away, display or store potentially hazardous food.
    2. Store all food to be sold or offered for sale within the establishment.
    3. Ensure that the display or storage of food meets the requirements of NAC 446.050 to 446.195, inclusive.
    4. Ensure that food is not consumed on the premises.
    5. Not offer seating to the public.
    6. 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.
  2. 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:
    1. Commercially canned or bottled beverages;
    2. Coffee or coffee beans;
    3. Prepackaged snacks and candies;
    4. Prepackaged food supplements such as spices, teas and herbs.
  3. The handling of food, including cooking food, opening containers of bulk food and repackaging or processing food of any kind, is not allowed within such an establishment.
  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.

To obtain an exemption, complete the Exemption Request Application PDF 22 KB and submit it to the Facilities Design Assessment and Permitting office (702-759-1258).

There is an initial $50 application fee which can not be refunded if the application is denied. An annual renewal fee of $50 will be billed each subsequent year.

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).

Contact Information

(702) 759-1258


Updated on: October 11, 2018