//Health Permit Exemption

Health Permit Exemption

If your business plan includes the incidental sale of commercially packaged, non-potentially hazardous foods, you may be exempt from obtaining a health permit.

  1. For a food establishment to be exempted pursuant to the provisions of NAC 446.042, it must:
    1. Provide restroom facilities for its employees that meet the requirements of this chapter.
    2. Not serve, sell, give away, display or store potentially hazardous food (time/temperature control for safety food).
    3. Store all food to be sold or offered for sale within the establishment.
    4. Ensure that the display or storage of food meets the requirements of this chapter.
    5. Ensure that food is not consumed on the premises.
    6. Not offer seating to the public.
    7. Ensure that the primary business of the establishment is not related to food and that the portion of the establishment that is related to food does not occupy more than 25 percent of the total area of the establishment.
  1. The food sold or offered for sale by a food establishment that has been exempted pursuant to the provisions of NRS 446.870 may include:
    1. Commercially canned or bottled beverages;
    2. Coffee or coffee beans;
    3. Prepackaged snacks and candies;
    4. Prepackaged food supplements such as spices, teas and herbs; and
    5. Whole fruits and vegetables in a natural and unprocessed state, provided that documentation can be presented which indicates that the produce was grown by a “certified grower” from the state in which it originated or is from an approved source.
  2. The handling of food, including cooking food, opening containers of bulk food and repackaging or processing food of any kind, is not allowed within such an establishment.
  3. If a food establishment fails to comply with the requirements of this section, the health authority shall revoke the exemption and close the portion of the establishment that sells food. A food establishment that has had its exempt status revoked must obtain a permit pursuant to the provisions of NRS 446.875 before resuming any operation of a food establishment.

To obtain an exemption, submit an Exemption Application  to foodrev@snhd.org. There is a $50 non-refundable application fee. An annual renewal fee of $50 will be billed each subsequent year. Once the application has been processed, a field visit will be made to your place of business to verify the assertions made in the application. The application may be approved or denied at that time.


Updated on: July 11, 2021