Policy for Food Service on School Grounds

This policy is current as of April 2019.

I. PURPOSE

The purpose of this document is to provide direction to schools on how the Southern Nevada Health District (SNHD) Environmental Health Division will enforce the sale of food as it relates to the application of Nevada Revised Statutes (NRS) Chapter 446, “Food Establishments.”

II.  DEFINITIONS

Cease and Desist Order has the same definition as Cease and Desist Order in the current SNHD Regulations Governing the Sanitation of Food Establishments.

Food Establishment has the same definition as a Food Establishment in the current SNHD Regulations Governing the Sanitation of Food Establishments.

Permit has the same definition as Permit in the current SNHD Regulations Governing the Sanitation of Food Establishments.

School Grounds means the property controlled by the school. It includes, but is not limited to all buildings, athletic fields, gymnasiums, open areas and parking lots.

Time/Temperature Control for Safety (TCS) has the same definition as Time/Temperature Control for Safety in the current SNHD Regulations Governing the Sanitation of Food Establishments.

III.  PERMITTING AUTHORITY

To protect public health, the Southern Nevada Health District (SNHD) permits both school facilities and food service facilities under its authority of NRS Chapter 439, NRS Chapter 446, along with the general authority over sanitation, healthfulness, cleanliness and safety in schools from NRS 444.335. The SNHD has promulgated SNHD Regulations Governing the Sanitation of Food Establishments (Food Regulations) under the authority it has through NRS 439 to govern the safety of food served to the public in Clark County. NRS 446.870, describes when a Permit from the Health Authority is required for the preparation and sale of food. These sections regulate the preparation and sale of food on School Grounds.

IV.  PERMIT EXEMPTIONS

  1. The SNHD will not require a Permit for food service activities on School Grounds if the school limits the food service to the following:
    1. The school orders a predetermined number Time/Temperature Control for Safety (TCS) food servings from a permitted Food Establishment and;
      1. The TCS food is delivered in single service packaging to the school from a permitted Food Establishment;
      2. The food is served using time as a control for food safety in compliance with SNHD Food Regulations 3-501.19. Any TCS food that is provided to the student cannot be held for a period exceeding four hours from the time that the food is prepared at the permitted Food Establishment.
    2. TCS food provided by a caterer who holds a valid health Permit and;
      1. No food preparation occurs on School Grounds;
      2. All equipment is under the control of the caterer and all food service is provided by catering staff;
      3. Catering equipment is not stored on School Grounds outside of food service hours.
      4. All food is held in compliance with Food Regulations.
    3. Non-TCS foods that meet the following conditions:
      1. Pre-packaged either commercially or in a permitted facility and;
      2. The food is transported, stored, and sold under conditions not likely to cause contamination.
    4. Food prepared in home economics classrooms used to provide instruction to the students on the preparation of individual meals for personal consumption.
    5. Food grown from gardens located on the School Grounds that meets the following conditions:
      1. The food harvested is sold on the School Grounds and;
      2. The food harvested is not used in a permitted Food Establishment.
      3. If food is grown in school gardens and sold off School Grounds or to a permitted Food Establishment, the school must obtain a producer certificate issued by the Nevada State Department of Agriculture.
    6. Food sold by student organizations on an occasional basis for educational or fund-raising purposes with the following conditions;
      1. Sales occur on School Grounds
      2. Sales occur no earlier than 30 minutes before the start of the education day and no later 30 minutes after the start of the educational day
    7. Certain open non-TCS foods may be served if:
      1. A hand washing station meeting the requirements of the SNHD Food Regulations is installed in the area where open food is handled and;
      2. Any utensils used in the sale of this open non-TCS food is washed rinsed and sanitized in a three compartment sink that meets the requirements of the SNHD Food Regulations
  2. When schools limit the food service to the above, any conditions observed by SNHD inspectors in violation of SNHD or NAC regulations will be noted on the school facility record.
  3. Any food operation that represents a threat to the public health and safety will be issued a Cease and Desist Order
  4. School facilities that have been issued a Cease and Desist Order are subject to administrative fees charged by the SNHD. These fees will consist of a closure fee that will be required to be paid within five business days. Failure to pay the administrative fees will result in further action and assessment of other penalties.

V.  PERMITS REQUIRED

  1. A Food Establishment Permit is required for
    1. Kitchens where food is prepared for service to the students who attend the school (e.g. school cafeterias).
    2. Facilities on School Grounds which store and/or sell TCS foods that operate on a daily basis (e.g. student stores selling TCS foods).
    3. Facilities on School Grounds where school employees or other organizations affiliated with the school sell TCS foods at public events including special events, athletic events or other types of competitions (e.g. concession stands selling TCS foods).
  2. The Food Establishment Permit will:
    1. Be a separate Permit from the school facility Permit.
    2. Cover the area where the food is stored, prepared and served.
    3. Be issued based upon the types of food service provided.
    4. Be constructed and operated in compliance with SNHD Food Regulations.
  3. All food handlers working in a permitted Food Establishments must have a valid Food Handler Safety Training Card as issued by the SNHD. Students enrolled in the school working in a permitted Food Establishment on School Grounds under the direct supervision of an adult with a valid Food Handler Safety Training Card are not required to have a valid Food Handler Safety Training Card.
  4. Any violation noted during an inspection of the permitted Food Establishment will be documented on the Food Establishment inspection report.
  5. Any food service on School Grounds that has not been exempted pursuant to section IV.A and is operating without a valid Permit is not in compliance with NRS 446. Whenever these operations are identified by SNHD, the operations will be issued a Cease and Desist Order until a Permit is obtained.
  6. School facilities that have been issued a Cease and Desist Order are subject to administrative fees charged by the SNHD. These fees will consist of a closure fee that will be required to be paid within five business days. Failure to pay the administrative fees will result in further action and assessment of other penalties.

VI. REFERENCES

  1. SNHD Regulations Governing the Sanitation of Food Establishments
  2. NRS 446
  3. NAC 444

Contact Information

 

Updated on: May 3, 2019