Farmers & Farm Produce

The Environmental Health Division receives frequent calls from producers of farm products inquiring about permitting requirements.

Although processing and portioned sampling with the intention to sell farm products requires permitting as a food establishment, the growing, harvesting, and selling of whole, uncut produce within Clark County requires only a Producer’s Certificate issued by the Nevada Department of Agriculture to be compliant with the Health Authority.

Food processing is defined as a commercial operation that manufactures, packages, labels, or stores food for human consumption, but does not provide food directly to a consumer, including any establishment that:

  • cans food
  • packages food in packaging with a modified atmosphere
  • processes vitamins, food supplements, food additives, spices, tea, coffee, salsa, jelly or jam, condiments or candy

The harvesting and minimal packing of whole produce for sale is not considered food processing. Food processing includes:

  • washing (as ready-to-eat)
  • cutting
  • blending or mixing
  • drying
  • durably packaging & labeling of cut mixed, blended or dried produce
  • other handling or manufacturing processes

The Food Processing webpage describes the permitting requirements for such operations. The plan review & application process is described on the Plan Review Process webpage.

Registered Farm-to-Fork Operations

Assembly Bill (AB) 200, PDF 136KB effective July 1, 2013, allows for the registration of farm-to-fork events, which may operate on the premises of a farm without a health permit to serve meals, provided:

  • The farm-to-fork event is registered with the health district;
  • The contents of the meal are made up primarily of produce, meat from poultry and rabbit, raised or grown on the farm;
  • The events occur on the premises of the farm, and are limited to no more than two events per month;
  • Each guest of each farm-to-fork event is provided, before the meal is served, with a consumer advisory statement that reads “NO INSPECTION WAS CONDUCTED BY A STATE OR LOCAL HEALTH DEPARTMENT OF THE FARM OR THE FOOD TO BE CONSUMED”

Visit the Farm-to-Fork Operation Registration webpage for more information.

Animal-Derived Farm Products

Animal-derived farm products such as poultry, meat, milk, cheese and eggs, are not permitted to be sold for off-site consumption from the producer for commercial use within Clark County without Nevada Department of Agriculture, USDA, or Nevada Dairy Commission inspection and approval.

Such an operation would also require a food processing permit from the health district (NRS 583.040 and NRS 446 ), which would require plan review and would need to meet commercial food-handling operation standards.*

Farm animals may be slaughtered and butchered for private use* by the user or by a custom meat processor that holds a custom processing permit with the health district’s Environmental Health Division (NRS 583.476, NRS 583.515 ).

Raw milk and raw milk products are 150 times more likely than their pasteurized counterparts to sicken those who consume them. Visit Food Safety News for details about the 13-year study published by the CDC.

*Farm-to-fork events, once registered with the health district, may serve meals on the premises of the farm, made up of produce and meat from poultry and rabbit, raised/grown on the farm without Nevada Department of Agriculture approval. Visit the Farm-to-Fork Operation Registration webpage for more information.

Excerpts from Nevada Revised Statutes (NRS)

NRS 583.040 Sale or possession of carcass of animal slaughtered or prepared under insanitary conditions unlawful; insanitary conditions in slaughterhouses; penalties.

  1. It shall be unlawful for any person, firm or corporation to sell within this State, or to possess with the intent to sell within this State, for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled or kept under insanitary conditions, or any primal cut of meat which is not stamped with an approved stamp authorized by the Health Division of the Department of Health and Human Services.
  2. Insanitary conditions shall be deemed to exist in any slaughterhouse that does not comply with the provisions of chapter 446 of NRS.
  3. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.

NRS 583.060 Sale or offer for sale of diseased or unwholesome produce in city or town unlawful; penalty.

  1. No person shall bring, expose or offer for sale, or sell in any city or town within this state for human food any unsound, diseased or unwholesome fruit, vegetables or other market produce.
  2. Any article that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.
  3. Any person who, in violation of the provisions of this section, shall bring, expose or offer for sale, or sell in any city or town within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.
  4. Any sheriff, constable, police officer or other peace officer or the State Health Officer shall forthwith remove any of the articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will insure safety and protection to the public.
  5. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

NRS 583.080 Possession with intent to sell improperly slaughtered or processed fowl unlawful; penalty.

  1. It shall be unlawful for any person, firm or corporation to possess, with intent to sell:
    1. The carcass or part of any carcass of any fowl which has died from any cause other than being slaughtered in a sanitary manner;
    2. The carcass or part of any carcass of any fowl that shows evidence of any disease, or that came from a sick or diseased fowl; or
    3. The carcass or part of any carcass of any fowl not processed in an establishment approved by the Health Division of the Department of Health and Human Services or in accordance with poultry regulations adopted by the Health Division.
  2. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.

NRS 583.439 Compliance required in intrastate commerce. A person shall not, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits, game mammals or birds, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

  1. Slaughter an animal or prepare an article which can be used as human food at any establishment preparing animals, carcasses or products for intrastate commerce, except in compliance with the provisions of NRS 583.255 to NRS 583.555, inclusive.
  2. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which:
    1. Are capable of use as human food;
    2. Are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation; or
    3. Are required to be inspected pursuant to the provisions of this Title, unless they have been so inspected and passed.
  3. Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation which is intended to cause or has the effect of causing any article to be adulterated or misbranded.

NRS 583.475 Prohibited acts. It is unlawful for any person:

  1. To process, sell or offer for sale, transport or deliver or receive for transportation, in intrastate commerce, any livestock or poultry carcass or part thereof unless such article has been inspected and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements of NRS 583.255 to NRS 583.555, inclusive, or the Wholesome Meat Act or the Wholesome Poultry Products Act.
  2. To sell or otherwise dispose of, for human food, any livestock or poultry carcass or part thereof which has been inspected and declared to be adulterated in accordance with NRS 583.255 to NRS 583.555, inclusive, or which is misbranded.

NRS 583.476 Return of processed carcass of livestock, game mammal or bird: Return of carcass other than one delivered for processing prohibited under certain circumstances; marking of certain carcass required; penalty.

  1. If a carcass of livestock or of a game mammal or bird is delivered for processing to a person who is engaged in the business of processing such carcasses, the person shall not, if he or she returns the carcass after processing it to the person who delivered it, return to that person a processed carcass other than the carcass which was delivered for processing.
  2. For the purposes of carrying out the provisions of subsection 1, a person who is engaged in the business of processing carcasses of livestock or game mammals or birds shall mark any such carcass that is to be returned to the person who delivered it for processing in a manner which provides for the identification of that person.
  3. A person who violates any provision of this section is guilty of a misdemeanor.

NRS 583.515 Exemptions.

  1. The State Board of Health shall, by regulation and under such conditions as to labeling and sanitary standards, practices and procedures as it may prescribe, exempt from specific provisions of NRS 583.255 to NRS 583.555, inclusive:
    1. Livestock producers and poultry producers, who are natural persons with respect to livestock and poultry carcasses and parts thereof processed by them from livestock or poultry raised on their own farms for use by them, members of their households, nonpaying guests and employees.
    2. Retail dealers with respect to:
      1. Meat sold directly to consumers in individual retail stores or restaurants which are subject to inspection by the State Board of Health.
      2. Poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers with respect to poultry is the cutting up of poultry products on the premises where such sales to consumers are made.
    3. Persons slaughtering poultry or processing or handling poultry carcasses or parts thereof which have been or are to be processed in accordance with recognized religious dietary laws, to the extent that the Officer determines is necessary to avoid conflict with such requirements.
  2. The Officer may by order suspend or terminate for cause any exemption under this section.

Contact Information

Phone:
(702) 759-1258

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Updated on: October 11, 2018

2018-10-11T16:23:28-07:00