A waiver is a written agreement between the health authority and a permit holder that authorizes a modification of one or more requirements of Regulations Governing the Sanitation of Food Establishments if, in the opinion of the health authority, a health hazard or nuisance will not result from the modification.

Supporting documents of a waiver may include, but are not limited to, operational plans, Hazard Analysis Critical Control Point (HACCP) plans, scientific challenge studies, monitoring logs, validation studies from certified processing authorities and labeling. (Regulation 1-202 [Definitions])

An application for a waiver must be completed and applicable fees paid to the Health Authority before the waiver request will be considered. Depending upon the subject matter of the waiver request, a HACCP plan may be required.

Cook-chill and sous vide operations utilizing the methods described below, prior to the implementation of the 2010 regulations, must submit waiver requests within six months of regulation implementation. Equipment waivers must be submitted within 5 business days of submission of the permit application to allow adequate time for evaluation and processing. We do not recommend beginning construction or demolition until a determination has been made on the waiver request.

Applications & Guidelines

• Waiver Request — Equipment/General PDF 194KB
• Waiver Request — Special Processes PDF 174KB
• Guidelines — HACCP Plan and Waiver Request for Special Processes PDF 1MB

Application and fee payment may be made at the Southern Nevada Health District Main Facility, 280 S. Decatur, Las Vegas, Nevada. Review of applications shall take place following the implementation of the 2010 Regulations Governing the Sanitation of Food Establishments on November 1, 2010.

When a waiver is required:

• Smoking as a method of food preservation (not solely for flavor enhancement) (Regulation 3-502.11(A))
• Curing (Regulation 3-502.11(B))
• Use of food additives for food preservation (not solely for flavor enhancement) (Regulation 3-502.11(C))
• Use of a reduced oxygen packaging (ROP) method with only one barrier
  • Cook-chill operations (Regulation 3-502.13(A))
  • Sous vide cooking (Regulation 3-502.13(A))
  • Cheese that is ROP (Regulation 3-502.13(B))
  • Fish that is ROP (Regulation 3-502.13(C))
• Use of a molluscan shellstock life-support system tank to store or display shellstock offered for human consumption (Regulation 3-502.11(E))
• Custom processing animals for personal/private use as food (Regulation 3-502.11(F))
• Sprouting of seeds or beans (Regulation 3-502.11(H))
• Use of wiping cloths with an alternative operational procedure (Regulation 3-304.14) (HACCP plan not required)
• Customer self-service of shellstock and seafood tanks (Regulation 9-304.12(E)) (HACCP plan not required)
• Operating a Temporary Food Establishment within 50 feet from any non-sewered toilets and/or animal pens (Regulation 15-304.20) (HACCP plan not required)
• Preparing food by another method that is determined by the Health Authority to require a waiver (Regulation 3-502.11(G)) (HACCP plan may be required)
• Possibly when operating an uncategorized food establishment (Regulation 4-103.11) (HACCP plan may be required)