New 2010 Regulation Requirements

The new 2010 regulation requirements will assist operators in identifying new requirements in the 2010 Regulations Governing the Sanitation of Food Establishments and/or the Food Establishment Inspection Report. PDF 100KB

The information is for general guidance only and does not constitute a complete list. If you have any questions, contact your district inspector.

Critical Violations (5 demerits)
# New Requirement (regulation reference)
1 Time as a control (3-501.19)
1 HACCP plan/operational plan/waiver/ROP (3-201, 3-502, 4-101)
1 Highly susceptible populations (3-801.11)
2 No bare hand contact with ready-to-eat (RTE) food (3-301)
2 Slash-resistant gloves in direct contact with RTE food must be smooth, non-absorbent (3-304.15)
3 Wild mushrooms not from an approved source (3-201.11)
3 Packaged juice must be pasteurized or have HACCP plan with 5-log reduction (3-201.14)
3 Meat, poultry and unpasteurized eggs packaged for retail sale with safe handling instructions (3-201.11)
3 Parasite destruction freezing or documentation for raw or undercooked fish (3-402)
4 Handsink water temp minimum 100˚F (5-202.11)
6 Packaged raw potentially hazardous food [PHF(TCS)] within shelf life (1-202 Adulterated, 3-101.11)
6 RTE PHF (TCS) 7 day shelf life (3-501.17)
6 Water from finfish tanks not commingled with molluscan shellfish tanks (4-202.24)
6 ROP food within required time frames (3-502)
8 PHF (TCS) cooled from ambient temperature to 41˚F within 4 hours (3-501.14)
8 ROP food cooled properly (3-502.13)
9 Cut leafy greens stored ≤41˚F ambient temperature; cut tomatoes ≤41˚F (3-501.14)
9 ROP food at proper temperature (3-201.13, 3-502.13)
10 NCIAA (8-204, 4-103)
Major Violations (3 demerits)
# New Requirement (regulation reference)
11 Raw animal products stored to prevent cross contamination (3-302.11)
11 Raw animal products self service limitations (3-306.13)
11 Bottled and canned beverages openings not submerged in contaminated water (3-307.11, 4-201.19)
11 Flowers – proper refrigerated storage (3-307.11)
12 Chemicals not used in operation or maintenance prohibited from establishment (7-202.11)
12 Fruit or vegetable wash approved (7-204.12)
12 Chemicals labeled with danger statement (7-101.11, 7-102.11)
12 Employee refrigerated medication inside a sealed leak proof container (7-207.12)
12 Pesticides separated from other chemicals, in locked cabinet (7-201.11)
13 Dispenser/pouring container not contaminated by customer drink (3-304.16)
14 Cold room equipment/utensil washed and sanitized per time/temperature requirement (4-401.11)
14 Un-used preset tableware removed upon customer seating or after customer service (4-604.11)
14 Food equipment rented/loaned to public cleaned upon return (4-402.11)
14 Separate three compartment sink available in area that prepares raw animal food for RTE (4-202.12)
14 Sanitizer bucket (except red), sanitizer spray bottle, and/or soap bucket labeled (4-407.11, 7-102.11)
16 No Household-use pesticides/insect baits (7-206.11)
16 Pesticides approved by NV Dept of Agriculture (7-206.11)
16 Automatic spray dispensers not located directly above or within 15 feet of food (7-206.11)
16 Pesticide application records maintained for 2 years (7-206.11)
18 Thermometer in hot and cold holding equipment properly provided/affixed (4-202.11)
18 Electronic monitoring required for ROP food at 34°F or 38°F (3-502.13)
19 Thawing with cold running water – product fully submerged (3-501.13)
20 Plastic tubing for dispensing beverages directly into a consumer’s mouth not reused (4-604.11)
21 Person in charge (PIC) available and demonstrates knowledge (2-201.11, 8-205.11)
23 Current “B” or “C” grade card or closure sign posted conspicuously (8-204.12)
23 Consumer advisory reminder and disclosure for raw or undercooked animal products (3-401.11, 3-603.11)
23 Unpasteurized juice processed and packaged on site, warning requirements (3-404.11)
23 HACCP plan/operational plan/waiver records or logs maintained (3-502.13, 4-101.13, 4-101.14)
Minor Violations (1 demerit)
# New Requirements (regulation reference)
25 Ice packaged for off-premises consumption labeled properly (3-206.16)
25 Food packaged for off-premises consumption labeled properly (3-602.11)
25 Bulk food for customer self-service labeled properly (3-602.11)
25 Damaged, spoiled, or recalled food separated and labeled (6-402.11)
25 PHF (TCS) food properly date labeled (7 days) (3-501.17)
25 Shellfish tags kept in chronological order (3-203.11)
25 ROP product labeled properly (including all dates pertaining to shelf life) (3-502.13)
26 Three compartment sink with two integral drain boards (4-202.12, 4-202.13)
26 Ware washing machine data plate legible and accurate (4-202.13)
26 Ware washing machine water pressure 15 to 25 psi (4-202.13, 4-405.11)
27 Thermometer available for three compartment sink (4-204.12)
27 Wiping cloths laundered or removed from service daily and stored separately (3-304.14, 4-503.11)
27 Laundered linens stored in approved area (4-203.11, 4-603.11)
27 Wiping cloths mechanically washed by operator or laundry service (4-202.16, 4-505.11)
29 In-use utensils stored in standing water <41°F or >135°F, cleaned/replaced every 4 hours (3-304.12)
29 Bulk milk dispenser tube trimmed properly (4-302.16)
31 Facility has effective employee health policy; PIC and/or foodhandler aware of policy (2-201.11)
31 A grade card posted conspicuously (8-204.12)
32 Employee restrooms within same building and conveniently located during business hours (5-204.11)
32 Interior trash cans lined with plastic bags (5-501.14)
32 Containers used for multi-purposes labeled “garbage only” (3-302.12)
32 No food waste disposals, grinders or digestion systems in use (5-503.11)
32 Mop sink provided (5-203.11)
33 Bottled drink/beverages kept cold by ice stored in unit that is self-draining (4-201.19)
33 Bottled and canned beverage openings not submerged below (clear) ice water level (4-201.19)
33 Service sink with functional hot and cold water (5-203.11)
33 Non-potable water lines labeled (5-205.18)
33 Wet zones are lined with FRP (6-201.16)
33 Walls exposed to splash or spray covered with impervious material to a height of 8 feet (6-201.16)

Specialty Permit Categories

Requirements for specialty permit categories are in addition to the requirements in chapters 1-8.

Outdoor Barbecues
# New Requirement (regulation reference)
13 No customers within 5 feet of barbecue (6-601.15)
13 Food shield present if consumer is within 30 inches of RTE foods (6-601.20)

(free standing as well as warehousing areas of grocery stores and casinos)

# New Requirement (regulation reference)
16 Pest control provided by licensed pest control operator with an integrated pest control plan (9-302.19)
25 Shelving depth/floor clearance ≤36 inch shelf with 6 inches clearance; >36 inch shelf with 12 inches clearance (9-202.11)
25 Pallet to wall clearance 12 inches if moved weekly, 18 inches if moved less frequently or pest infestation. (9-202.11)
25 Food rotated by FIFO (9-302.11)
33 Mop sink provided as required (9-202.11)
33 Temperature of warehouse maintained between 65-90°F (9-202.11)
15 Warehouse processing live shellstock, lobsters, or frogs, etc. with handwashing sink (9-204.11)
26 Warehouse processing live shellstock, lobsters, or frogs, etc. with three compartment sink (9-204.11)
33 Warehouse processing live shellstock, lobsters, or frogs, etc with floor drains to sewer (9-204.11)
* Holding tank structure and operation for live aquatic animals (compliance by 11/1/2012) (9-204.12)
* Live molluscan, crustacean and finfish storage (compliance by 11/1/2012) (9-304.13)
Portable Units
# New Requirement (regulation reference)
2 Portable bar operated within 15 feet of a wall-hung or portable handwashing sink (11-201.11, 11-303.11)
11 Portable unit for outside operation with approved overhead protection (11-405.11)
28 Three or less approved accessory units, including portable handsink (11-201.11)
28 Accessory units not larger than (length and width) and within 15 feet of portable unit (11-201.11)
28 Identification plate permanently affixed (11-404.11)
31 Grade card posted on portable unit visible to the public (11-404.11)
# New Requirement (regulation reference)
15 Handsink (NSF) available at event or remote service site with dish-up or open food handling (12-305.11)
23 Transport temperature logs maintained and provided to Health Authority upon request (12-303.13)
Seasonal Food Establishments
# New Requirement (regulation reference)
11 Overhead protection at an outdoor facility (14-203.14)
23 Service logs maintained properly at the commissary (14-303.13)
23 Transport temperature logs maintained (4-303.17)
Seasonal Food Establishment on Pool Deck/within Pool Barrier (14-203.14(E))
# New Requirement (regulation reference)
1 No glass or breakable items except glass liquor and mixer bottles under the control of a foodhandler
1 Bar/food units located away from edge of pool, not obstructing access to deck or necessary fixtures
1 Bar/food units located away from standing water
1 Bar/food units broken down, covered, protected, and stored when not in use
1 Electrical connections GFCI protected and testable
1 Electrical connections not in wet areas and do not pass across walkways used by bathers
1 Operational plan (including that no food or drink to be consumed within 4 feet of any pool or spa)

# violation number on the Food Establishment Inspection Report.
* various violation numbers


Updated on: October 10, 2018