Section 2 – Plan Review and Permit Requirements
2.1 Application for permit to operate an annual itinerant
2.1.1 A person desiring to operate any annual itinerant shall make written application for a permit in accordance with NRS 446.875 and these Regulations.
2.1.2 Properly prepared plans and specifications for review and approval, as required by NRS 446.930, must be submitted to the Health Authority before:
126.96.36.199 Participating in and serving food or beverages at any licensed and permitted Special Event or Farmer’s Market within the jurisdiction of the Health Authority.
188.8.131.52 Completing the construction of any structure or placing into use any equipment to be used in the annual itinerant, or
184.108.40.206 Beginning the conversion of an existing structure or equipment for use as or use in an annual itinerant.
2.1.3 The permit applicant shall submit for review plans and specifications from the remodeling of a commissary or food establishment that services an annual itinerant if the Health Authority determines that it is necessary to ensure compliance with these Regulations.
2.1.4 The application shall be made on forms provided by the Health Authority. The application shall be submitted to the Health Authority at least fourteen calendar days prior to the start date of the first Special Event or Farmer’s Market the applicant wishes to attend. The applicant shall provide the Health Authority specifications as outlined in Section 2.3.
2.1.5 The application shall be accompanied by payment of a fee established by the Board. A late fee will be assessed if the application and fee are not received in accordance with the Health Authority’s designated fee schedule.
2.2 Application review. The annual itinerant permit application, including all information required by the provisions of this Section, shall be reviewed by the Health Authority. 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.
2.2.1 If necessary to protect against public health hazards, the Health Authority may impose specific requirements in addition to the requirements contained in these Regulations as authorized by NRS 439.410 and NRS 446.865.
2.3 Contents of the plans and specifications. The plans and specifications for an annual itinerant required by the Health Authority shall be based on the operation’s subcategory. The following information shall be used to determine the operational subcategory and shall be required to demonstrate conformance with these Regulations:
2.3.1 Location: Indoor or Outdoor.
220.127.116.11 Packaged, non-potentially hazardous foods (low risk) (Open food sampling prohibited);
18.104.22.168 Open, non-potentially hazardous foods, including sampling;
22.214.171.124 Packaged, potentially hazardous foods (Open food sampling prohibited); and
126.96.36.199 Open, potentially hazardous foods (high risk), including sampling.
2.3.3 Level and methods of on-site of food preparation, handling, and service for each type of food prepared.
2.3.4 A schedule (hours and days of planned operation) of known Special Events and/or Farmers’ Markets at which the person plans to operate the annual itinerant during the Health Authority’s one year billing cycle.
2.3.5 A listing of the food to be handled, processed, or packaged, or a sample menu.
2.3.6 The source of the food (provide written documentation such as contracts, invoices, or receipts):
188.8.131.52 Permitted food establishment under direct control of the applicant;
184.108.40.206 Permitted food establishment providing food the applicant, such as a grocery or warehouse store, or food processing establishment;
220.127.116.11 Other vendor, who provides food through interstate commerce.
2.3.7 An estimate of the volume of food to be prepared, served, or sold so that a determination can be made whether or not the capacity of the cold, hot, and dry storage equipment presented during plan review is adequate to accommodate the safe storage and holding of the anticipated volume of food to be handled and stored on site.
2.3.8 Location where the food, equipment, supplies, and utensils will be stored between events and during the event. For example, during a multi-day event, low risk or non-perishable food may be stored in a transport vehicle under the control of the applicant;
2.3.9 A drawing of the proposed layout of equipment and construction of the food booth used for the annual itinerant;
2.3.10 Proposed construction materials for the food booth. Include items such as wood, tarps, flooring, and overhead coverage;
2.3.11 Proposed equipment and utensil types, finishes, locations, and dimensions. (See Section 2.8 for detailed requirements)
2.3.12 Single-service and single-use articles, including those for food employee hygiene and for consumer use.
2.3.13 Other information may be required by the Health Authority for the proper review of the proposed construction, conversion or modification, and procedures for operating an annual itinerant. Such information will be requested, as needed.
2.4.1 Annual itinerants shall be constructed and located to minimize the risk of food contamination from external sources such as sewage, flooding, dust, insects, and vermin.
2.4.2 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 annual itinerant.
2.4.3 Floors in constructed temporary structures serving as annual itinerants shall be of durable material. For on-site food booth set-ups, dirt or gravel subflooring can be used when graded to drain, or similar suitable material such as a sufficient cover of grass or turf to control dust. Platforms, duckboards, plastic film, wood chips, wood shavings are acceptable, when they provide an additional layer of contamination reduction and do not cause a safety hazard.
2.4.4 Where a temporary structure is provided it shall be constructed in a manner to prevent contamination of food, and food contact surfaces.
2.4.5 Heating equipment, and cooking and storage equipment, shall be located in an area inaccessible to the public.
2.4.6 Outdoor open food operations shall have overhead protection when food is prepared or portioned on premises unless otherwise specified by the local fire authority.
2.4.7 Annual itinerants may not be closer than 50 feet from any non-sewered toilets and/or animal pens. The 50 feet setback requirement may be waived by the Health Authority if public health concerns are not compromised by such waiver.
2.5 Water supply. An adequate supply of potable water shall be available to an annual itinerant for cooking purposes, hand washing, and cleaning and sanitization of equipment, utensils, and food contact surfaces, commensurate with the type of low risk or high risk foods served. A public water supply shall be protected with the appropriate backflow prevention device. Non-food grade or garden hoses shall not be used for delivery of water for human consumption or food preparation.
2.6 Wastewater. There must be an approved operational wastewater disposal system available for the annual itinerant to safely and properly dispose of all wash water, rinse water, or other wastewater generated during its operation.
2.7.1 All solid waste containers used for food waste shall be constructed of durable metal or other approved types of materials that do not leak and do not absorb liquids and shall be provided with plastic solid waste liners.
2.7.2 All solid waste containers shall be properly protected to ensure that debris remains in containers during inclement weather or to avoid spillage.
2.7.3 There shall be at least two solid waste containers at each annual itinerant: one container at or near the handwashing station to hold paper towels from handwashing and one to hold all other solid waste.
2.7.4 All solid waste shall be stored in a manner approved by the Health Authority.
2.8 Equipment and utensils. Equipment, utensils, kitchenware, and tableware shall meet the following minimum requirements. Some examples of equipment and utensils include: mechanical refrigerators (NSF or equivalent); Cambro or Igloo type ice chests and cold transport equipment; Cambro type portable hot transport equipment; cooking, hot holding, and service equipment (NSF or equivalent); food preparation and service tables and surfaces; food preparation and service utensils; and cleaning and sanitizing set-ups.
2.8.1 General equipment requirements. All food preparation, cooking, holding, transport, and service equipment and utensils shall be constructed of non-toxic materials, including but not limited to specifications in Section 2.8.2 and installed in such a manner that the equipment and utensils can be maintained clean, in good repair, and in such condition as not to present a risk to public health.
2.8.2 Materials that are used in the construction of utensils and food contact surfaces or equipment may not allow the migration of harmful substances or impart odors, or tastes to and under normal use conditions shall be:
18.104.22.168 Safe, durable, corrosion-resistant, and nonabsorbent;
22.214.171.124 Sufficient in weight and thickness to withstand repeated warewashing such as scrubbing, scouring, and the corrosive action of cleaning and sanitizing agents and food with which they come into contact;
126.96.36.199 If cutting blocks and boards and bakers’ tables, made of hard maple or equivalent material that is non-toxic, smooth, and free of cracks, crevices, and open seams. Cutting boards shall be easily removable;
188.8.131.52 Finished to have a smooth, easily cleanable surface; and
184.108.40.206 Resistant to denting, buckling, pitting, chipping, crazing, scratching, scoring, distortion, decomposition, and excessive wear. Use of metal cans or other such food containers for the purpose of cooking, preparing, or storing food is prohibited.
2.8.3 Barbecue grills shall be constructed of non-toxic materials originally designed for the cooking of food. Barbecues constructed from 55-gallon drums are prohibited.
2.8.4 Cold holding equipment
220.127.116.11 Cold holding equipment shall be provided to maintain cold food at a temperature of 40ºF±2° or below during storage, display, transport, and service. Approved equipment includes, but is not limited to, mechanical refrigeration units and ice chests with a drain and receptacle for ice melt water. Mechanically refrigerated equipment, that maintains food at 40°F±2°, if cold or frozen solid shall be provided to ensure that all are held within a safe temperature range. Such equipment must meet NSF standards or equivalent for equipment.
18.104.22.168 All shelves located in refrigerators and freezers shall be made of metal, plastic, or plastic coated surfaces that can be easily cleaned, and shall be removable.
22.214.171.124 A temperature measuring device readout, accurate to ±2°F, shall be either present on the exterior or interior of each unit with an internal element to measure the temperature of the refrigeration unit. Each temperature measuring device shall be graduated in 2°F increments or less. The temperature scale range shall be appropriate for the intended use of the equipment. All temperature measuring devices must be easy to read, securely mounted, and readily visible. The thermostat adjustment for each refrigeration unit shall be readable and the thermostat sensing element shall be located in the warmest part of the unit.
2.8.5 Cooking and hot holding equipment
126.96.36.199 Cooking equipment shall be provided to cook food to required temperatures within designated timeframes as indicated in Section 3.6.
188.8.131.52 Equipment that reliably maintains hot food at a temperature of 140ºF±2° or above shall be provided to ensure that all PHFs are held at a safe temperature during storage, transport, display and service. Such equipment must meet NSF standards or equivalent for equipment. Approved equipment includes, but is not limited to steam tables, hot boxes, grills and chafing dishes.
184.108.40.206 Hot holding cabinet temperature measuring devices shall be easily readable, securely mounted, and readily visible. The thermostat adjustment shall be readable and the thermostat sensing element shall be located in the coolest part of the cabinet.
2.8.6 Temperature measuring devices. Calibrated temperature measuring devices which are numerically scaled with a range of 0-220°F±2°, shall be available and used to verify the attainment and monitor the maintenance of proper internal temperatures for cooking, holding, or refrigerating all PHF. At least one such temperature measuring device shall be available at each work area for use by employees at all times.
2.8.7 Dry storage. Shelves that are located in an area where food is prepared or stored shall be made of durable materials and be corrosion resistant.
2.8.8 Warewashing facilities Whether available on-site or at an approved commissary or food establishment, 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.
220.127.116.11 As a minimum, a warewashing facility shall have:
18.104.22.168.1 Three basins large enough for immersion of utensils and equipment.
22.214.171.124.2 An adequate supply of potable water.
126.96.36.199.3 An approved disposal system for wastewater.
188.8.131.52 Shelves that are located in an area where utensils are washed shall be made of metal, plastic, or plastic coated surfaces that can be easily cleaned, and are corrosion resistant.
2.8.9 Handwashing sinks and set-ups, and associated supplies Each annual itinerant that handles open food shall have an operable handwashing sink at its place of business, properly equipped, and ready for use prior to any open food handling. A handwashing 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, without sampling. All facilities requiring a handwashing sink shall have, at a minimum:
184.108.40.206 A portable handwashing sink provided with tempered (90-110°F) running water which drains to an enclosed integral wastewater tank, OR
220.127.116.11 When a portable or plumbed handwashing sink is not available, a container with a hands-free pressurized flow of tempered water, into a wash basin. Such handwashing set ups must have a sufficient amount of hot water generating or holding capacity of no less than five gallons of potable water. AND
18.104.22.168 An enclosed wastewater collection container, which receives the wastewater from the hand washing process, large enough to prevent splash or overflow, but no less than five gallon capacity.
22.214.171.124 Liquid hand soap in a pump dispenser, as well as single-use paper towels dispensed in a sanitary manner.
126.96.36.199 A waste receptacle located near the handwashing sink for the disposal of paper towels.
188.8.131.52 The fixture must allow the flow of water without the food employees having to be in contact with the spigot while washing their hands.
2.9.1 The applicant or permit holder wishing to operate an annual itinerant shall obtain food and/or operate from an approved, licensed commissary or food establishment which meets the equipment and structural requirements for a food establishment as provided for in Food Service Establishment Plan Review Requirements for Equipment and Facilities and as specified in the food regulations currently in force at the time of the operation.
2.9.2 The applicant must provide a letter from their permitted commissary or food establishment approving the applicant to store, process, or package food and to clean and sanitize their equipment and utensils at that location. Food may not be stored, packaged, or processed at a private residence or in any other unpermitted location.
2.10.1 Permit requirement. It is unlawful for any person to operate an annual itinerant unless a valid permit has been issued by the Health Authority.
2.10.2 Permit limitations. An annual itinerant permit is renewed annually, with the Southern Nevada Health District’s yearly billing cycle. Permits are not transferable from person to person. These permits are valid at all Special Events and Farmers’ Markets throughout Southern Nevada upon proper notice of attendance to the Health Authority and permission of the event coordinator or Farmer’s Market manager. NOTE: Reference responsibilities for the event coordinator and Farmer’s Market manager found in Event Coordinator Guidelines (See Appendix A) and Farmers’ Market Regulations located at www.southernnevadahealthdistrict.org
2.11.1 An annual itinerant permit shall be issued only after an initial Plan Review field inspection pursuant to Section 184.108.40.206 is conducted and passed the first time the applicant sets up the annual itinerant. On-site issuance of the permit by the Health Authority shall then be completed.
2.11.2 The person operating the annual itinerant shall prominently display all licenses and permits under which the annual itinerant is operating in a conspicuous location easily readable by the public at each food booth or point of sale.
2.11.3 Conditions warranting additional plan review may include, but are not limited to:
220.127.116.11 Modified facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, solid waste storage and disposal, and insect and rodent control.
18.104.22.168 Altered, unapproved menu.
2.12.1 Except as otherwise specified in Section 2.13, food that is stored or prepared in a private home shall not be sold, offered or displayed for sale, or for compensation or contractual consideration of any kind.
2.12.2 Foods that have not been approved through menu review shall not be prepared or served.
2.12.3 The reuse of leftover food products is prohibited.
2.12.4 The resale of any food products that have been returned by a consumer is prohibited.
2.12.5 Packaged ice offered for sale is prohibited.
2.13 Annual itinerant permit exemptions. In accordance with NRS 446.870, the following food establishments are exempt from obtaining a permit:
2.13.1 Any person that prepares or stores food in a private home and it is given away free of charge or for no consideration of any kind. Under no circumstances can such food be given or sold to an annual itinerant.
2.13.2 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 will be required.
2.13.3 The Health Authority may exempt an annual itinerant 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:
22.214.171.124 Commercially bottled or canned beverages, including bottled drinking water, that do not require refrigeration, served from the original properly labeled container without addition of consumer ice or other regulated product.
126.96.36.199 Sealed, commercially prepackaged, non-potentially hazardous food from an approved source with proper labeling such as potato chips, candy, popcorn, and other similar food.
188.8.131.52 Booths which sample food, but do not receive compensation or sell the product sampled at the booth. Although an annual itinerant permit is not required, the operation of the booth may be evaluated to ensure that good public health is practiced and that the booth operation does not create a nuisance.
Phone: (702) 759-1258
Updated on: October 11, 2018