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//Registration and Label Review Process

Registration and Label Review Process

In order to operate a cottage food operation, Nevada Revised Statutes (NRS) Chapter 446 requires that the cottage food operation register with the health authority. The health authority in Clark County is the Southern Nevada Health District. The Health District may require any information deemed necessary and appropriate for the registration process.

  1. Required Documents:
    1. The Cottage Food Operation Registration Application must be signed by the owner of the business.
    2. Labels are required for each product you wish to sell.
  1. Submission:
  2. Pay fees:
    1. A one-time, non-refundable, registration fee of $160 will be charged for review of the registration application packet.
    2. A $64 fee for label review covers up to one hour of review time. If additional time is needed, an additional fee of $118 per hour will be charged.
    3. If submitting online, an invoice will be emailed to you. Your package will not be reviewed until all applicable fees are paid.
  1. Who to contact for questions:
  2. Approval:
    1. An approval letter will be emailed once the review is complete with the approved labels.
    2. Reviews are completed based on a first come, first served basis.

Common mistakes

This list is not all-inclusive, but covers some of the most common issues:

  • The font is unreadable by either size or design: For the critical information required by law, use easily readable, common typefaces versus elaborately designed fonts. Examples of good font choices are Arial, Calibri, Times New Roman, and Cambria.
  • Ensure that all fonts are at least 1/16-inch in height based on the lower case “o.” For many (but not all) typefaces, this equates to an 8-point font or larger. For some font types, 8 point is still not big enough to meet the 1/16 of an inch requirement. Avoid using ALL CAPS for large bodies of text, like the ingredient listings. ALL CAPS are good for titles and distinct snippets of information but reduce readability of bodies of text.
    • NOTE: The Net Quantity statement has its own set of font rules. For most packages the font on the Net Weight or Net Contents statement must be 1/8-inch tall at the lowercase letter “o.”
  • Ensure that the allergen “Contains” statement directly follows the ingredient list.
    • If a product DOES NOT specifically contain an allergen, then DO NOT use the Contains statement. An OPTIONAL and VOLUNTARY Facility allergens warning may be used if the facility or equipment used in the production of a food also produces a food that contains one of the “Big 9” allergens. It would look something like this: “This product is made in a facility that also processes peanuts, tree nuts, and crustacean shellfish.”
    • Sometimes allergens are hidden within the ingredients of ingredients, which is why it is so important to ensure nothing is left off the label. For more information, visit the website ABOUT FOOD ALLERGIES at http://www.foodallergy.org/allergens This website provides a good idea of where some of the unknown allergens are found.
  • The listing of ingredients is not in descending order by weight and/or does not list all of the “ingredients of ingredients” properly: Ensure that all ingredients are listed in the ingredient list.  For example, cakepops with peanut sprinkles should have peanuts listed as an ingredient.  Listing all ingredients is CRITICAL because there are hidden allergens that may have not been detected without the full listing of ingredients within ingredients.
    • Ensure that all ingredients are listed in descending order by weight or volume. If you have a product that has distinct components such as a cake with frosting, the cake ingredients and the frosting  ingredients can be listed separately to avoid confusion. In addition, include ingredients (in parentheses) of any ingredient which itself contains two or more ingredients.  For example, if butter was an ingredient it may read the following: “butter (pasteurized  cream derived from milk, salt).”

The following common ingredients may require “ingredients of ingredient” lists. Note this list is not all inclusive, so you must check your ingredients’ packaging to verify the information on your label is correct.

Ingredients That May Contain Two or More Ingredients — “Ingredients of Ingredients”
Basic BakingExtractsMilk Products

Brown sugar
Cake flour
Confectioner’s sugar
Corn syrup
Flour
Margarine
Powdered sugar
Shortening
Vegetable oil

Vanilla extract
Artificial vanilla extract
Cinnamon extract
Pure almond extract
Artificial almond extract
Banana extract
Cream cheese flavored bakery emulsion

Butter
Buttermilk
Natural cheese (all kinds)
Imitation cream cheese
Evaporated milk
Heavy cream
Powdered milk
Sour cream
Sweetened condensed milk

Fruit Jams, Jellies & Nut ButterExtractsPrepared Foods

Peanut butter
Almond butter
Cashew butter
Applesauce
Coconut milk
Jams and jellies
Hazelnut spread
Orange juice

Andes Candies
Caramel
Dark chocolate
Dark/mint Chocolate chips
Lemon
Chocolate M&M’s
Milk chocolates

Breads
Breadcrumbs
Graham crackers
Oreo cookies
Pretzels

Although food safety information is provided in the application packet, it is highly recommended that applicants educate themselves about safe food handling principles and practices.  A cottage food operation can be held financially responsible for the cost of the complaint and/or foodborne illness investigation, if found to be valid. Visit the Food Establishment Resource Library for additional educational resources.

The Health District will evaluate the registration application package submitted for compliance with the following items as required by NRS 446.866:

  1. The food will be sold directly to the consumer from your home or from a licensed farmers market, licensed flea market or swap meet, church bazaar, garage sale or craft fair, provided it is done in person.
  2. No food items will be sold via the Internet or over the phone (this does not preclude taking phone or internet orders which involve a face-to-face sale at delivery or pick-up).
  3. The food will be sold to a natural person for his or her consumption and not for resale:
    • This prohibits any kind of wholesale manufacturing or secondary sale of cottage food products; for example, making cookies for retail sale at a market or grocery store is prohibited.
  4. The food to be sold is affixed with a label which complies with the federal labeling requirements:
    • Labels for foods packaged by a cottage food operation for sale at a public location under inspection by the Health District, such as a farmers market or swap meet, must have their labels reviewed and approved by the health district at registration and before sale.
  5. The food to be sold is labeled with “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the label for the food item:
  6. The food to be sold is prepackaged in a manner that protects the food item from contamination during transport, display, sale, and acquisition by consumers.
    • Foods once packaged for sale to the consumer may not be repackaged at the point of sale, and packages may not be opened for sampling. However, food samples may be pre-portioned in closed disposable containers at the cottage food operation for free distribution at the sale site.
  7. The food to be sold must be limited to:
    1. Nuts and nut mixes;
    2. Candies;
    3. Jams, jellies, and preserves;
    4. Vinegar and flavored vinegar;
    5. Dry herbs and seasoning mixes;
    6. Dried fruits;
    7. Cereals, trail mixes, and granola;
    8. Popcorn and popcorn balls; or
    9. Baked goods that:
      • Are not potentially hazardous foods;
      • Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes; and
      • Do not require time or temperature controls for food safety.

If a complaint regarding illness, injury or adulterated food is received, an investigation will be conducted, and a determination made as to the validity of the complaint. If a complaint is confirmed, a confirmed complaint fee will be charged. In addition, if a full epidemiological investigation is conducted due to a foodborne illness complaint, the actual cost to the public for the investigation will be calculated and charged to the cottage food operation.

Contact Information

Phone: (702) 759-0500

 

Updated on: July 13, 2021

2021-07-13T09:12:18-07:00