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Cottage Food Operation FAQ

By revision of the Nevada Revised Statutes NRS 446, and NAC 446.042, food prepared in a non-commercial kitchen is not inspected by a governmental entity. The health authority may inspect only to investigate a food item that may deemed to be adulterated, or if there is a suspected outbreak caused by a contaminated food item. The health authority may charge and collect from the Cottage Food operation a fee in an amount that does not exceed the actual cost of the health authority to conduct the investigation. Cottage Food Operations must be registered pursuant to subsection 3 in an amount not to exceed the actual cost of the health authority to establish and maintain a registry of Cottage Food operations.

Nuts and nut mixes, candies, jams, jellies, preserves, vinegar and flavored vinegars, dry herbs and seasonal mixes, dried fruits, cereals, trail mixes, granola, popcorn and some baked goods.

Typically, if the baked good or snack food does not require refrigeration for safety, it is not likely a TCS. You may be asked to provide a water activity or pH test to prove that your food is not a TCS. Here is a water activity and pH chart for heat-treated and subsequently packaged food:

Interaction of pH and AW for control of spores in FOOD heat-treated to destroy vegetative cells and subsequently PACKAGED.

AW ValuespH 4.6 or lesspH >4.6-5.0>5.0
≤0.92

Non-PHF*/
Non TCS FOOD**

Non-PHF/
Non TCS FOOD

Non-PHF/
Non TCS FOOD

>0.92-.95

Non-PHF/
Non TCS FOOD

Non-PHF/
Non TCS FOOD

PA***
>0.95

Non-PHF/
Non TCS FOOD

PAPA

*PHF means POTENTIALLY HAZARDOUS FOOD
** TCS FOOD means TIME/TEMPERATURE CONTROL FOR FOOD SAFETY
***PA means PRODUCT ASSESSMENT required

Per NRS 587.69, a craft food operation refers to a person who manufactures or prepares acidified foods such as pickled vegetables, relishes, and chutneys, and salsas. Per NRS 446.866, a Cottage Food operation refers to a person who manufactures or prepares nuts and nut mixes, candies, jams, jellies, preserves, vinegar and flavored vinegars, dry herbs and season mixes, dried fruits, cereals, trail mixes, granola, popcorn and some baked goods. Jams or jellies which contain vegetables do not qualify as Cottage Foods.

In 2015, the Nevada Legislature passed, and the governor signed the craft food bill, also known as the “pickle bill” (SB441), allowing certain foods to be prepared and sold from a person’s home.

A craft food operation, as allowed by NRS 587.69, refers to a person who manufactures or prepares acidified foods in his or her private home or in the kitchen of a fraternity or social clubhouse, a school or religious, charitable or other nonprofit. Gross sales may not exceed more than $35,000 per calendar year. You may apply to become a Craft Food Operator by applying with the Nevada Department of Agriculture.

Only baked goods that are not considered potentially hazardous foods can be prepared at a Cottage Food operation. Baked goods containing cream, uncooked eggs, custard, meringue or cream cheese frosting or garnishes, fillings with low sugar content can’t be manufactured at a Cottage Food operation.

Cottage Foods must be labeled “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION.” This must be printed prominently on the label for the food item. They must also comply with an affixed label as per federal labeling requirements. 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101.

The label must include the home/business street address, City, State, and ZIP code; however, the street address may be omitted if it is shown in a current city directory or telephone directory.

Yes, Cottage Foods must be pre-packaged in a manner that protects the food items from contamination during transport, display, sale and acquisition. Each packaged item must have an approved label.

Cottage Foods may be added to an existing registration after label review is conducted. Submit additional labels to ehtrainingoffice@snhd.org for review and an invoice will be emailed to you. Once paid, staff will perform the label review and notify you once approved.

No, all Cottage Food sales transactions must be conducted in-person and may not involve selling the food item by telephone or via the Internet. A website may be used for advertising but may not have an option for online purchasing or shipping. Cottage Food sales are restricted to licensed farmers’ markets, flea markets, swap meets, church bazaars, garage sales or craft fairs.

Cottage Food operations are not subject to enforcement of food regulations; however, there are food safety guidelines available.

Cottage Foods must be prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization.

No, Nevada does not permit Homemade Food Operations or Microenterprise Home Kitchen Operations aside from those that qualify as Cottage Food Operators. Cottage Foods are limited to: Nuts and nut mixes, candies, jams, jellies, preserves, vinegar and flavored vinegars, dry herbs and seasonal mixes, dried fruits, cereals, trail mixes, granola, popcorn and some baked goods. Meal prep businesses must obtain a health permit and work in a commercial kitchen.

Contact Information

Phone: (702) 759-1258

 

Updated on: July 11, 2021

2021-07-11T20:41:46-07:00