What Farmers’ Market/Swap Meet Managers Needs to Know
What is a cottage food operation?
A cottage food operation, as allowed by a revision of Nevada Revised Statutes (NRS) Chapter 446, means a natural person who manufactures or prepares food items in a non-food establishment setting for sale directly to an end consumer.
Cottage food preparation takes place in a kitchen that is not inspected by a governmental entity.
What foods can be manufactured by a cottage food operation?
The types of foods that can be manufactured are limited and are shelf stable:
- Nuts and nut mixes;
- 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;
- Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and
- Do not require time or temperature controls for food safety.
What are the requirements and limits on cottage food sales?
Before producing and selling a cottage food product, the operator must register with the health district. Other requirements per NRS 446 include:
- The product must be durably packaged with specific labeling and a warning statement.
- All sales must be direct to the end consumer and not for resale. Sales may take place on the cottage food operator’s private property, site of manufacture or at a farmers’ market, flea market, swap meet, church bazaar, garage sale or craft fair.
- To maintain exemption from permitting at a location that is regulated by the health district, such as farmers’ markets or swap meets, the food product must remain in its durable packaging with proper labeling affixed.
- Food samples may be individually pre-portioned in closed, disposable containers at the cottage food operation kitchen for sample distribution at the sale site. Open product sampling is not allowed under the law.
As a Farmers’ Market or Swap Meet Manager, what are my responsibilities if I allow a cottage food operator to sell food at my event/location?
- Ask the cottage food operator for proof of registration.
- Ensure the food for sale is limited to the above list, packaged and labeled per the requirements of the NRS 446.
- Do not allow open sampling.
- List the cottage food operation on your application/notifications to the health district.
If you have any questions contact the Environmental Health Division at (702) 759-0588.
Updated on: October 11, 2018