- *SB206* Cottage Foods and Farm to Fork 1

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1 August 12, 2013

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3 Table of Contents Senate Bill SB Cottage Food Guide for Rural Nevada... 5 State Registration Form...11 Carson City Home Page for Cottage Food Operations.12 Carson City Registration Application...15 Carson City Questionnaire..16 Washoe County Contact Information...17 Washoe County Proposed Farmers Market Changes..18 Letter from Shirley Sponsler..21 SNHD Cottage Food Operation Cover SNHD Fact Sheet SNHD Market Managers...25 SNHD Cottage Food Operation Labeling Guide SNHD Kitchen Sanitation and Food Safety Guide SNHD Cottage Food Registration Process. 30 SNHD Registration Application...34 SNHD Registration Questionnaire...35 Rebecca Nielsen Basic Labeling Requirements..36 Nevada Cottage Food Law Developing and Growing a Brand for your Farm Developing and Branding Activity Worksheets Creating Great Signage for Direct Marketing Assembly Bill 200 Farm to Fork...79 SNHD Farm to Fork Operation Registration SNHD Farm to Fork Application Cottage Foods and Farm to Fork Web Pages...87

4 S.B. 206 SENATE BILL NO. 206 SENATORS FORD, KIHUEN, DENIS, JONES, SMITH; ATKINSON, CEGAVSKE, PARKS, SETTELMEYER, SPEARMAN AND WOODHOUSE MARCH 1, 2013 JOINT SPONSORS: ASSEMBLYMEN SPIEGEL, FRIERSON, HEALEY; BUSTAMANTE ADAMS AND DUNCAN Referred to Committee on Health and Human Services SUMMARY Revises provisions relating to food establishments. (BDR ) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to food establishments; revising the definition of food establishment for purposes of provisions regulating such establishments; and providing other matters properly relating thereto Legislative Counsel s Digest: Existing law requires a person to obtain a permit to operate a food establishment and to comply with various other requirements in the operation of the food establishment. (NRS ) Existing law defines the term food establishment for those purposes and specifically excludes certain entities from the definition, including private homes where the food that is prepared or manufactured in the home is not provided for compensation or other consideration of any kind. (NRS ) This bill adds to the list of entities that are excluded from the definition of food establishment a cottage food operation that: (1) manufactures or prepares certain food items for sale; and (2) meets certain requirements relating to the preparation, labeling and sale of those food items. This bill also prohibits a local government from adopting any ordinance or other regulation that prohibits a person from conducting a cottage food operation within the person s private home. - *SB206* Cottage Foods and Farm to Fork 1

5 2 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows: 1. A cottage food operation which manufacturers or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a food establishment pursuant to paragraph (h) of subsection 2 of NRS if each such food item is: (a) Sold at the private home of the natural person who manufactures or prepares the food item or at a farmers market licensed pursuant to chapter 244 or 268 of NRS; (b) Sold to a natural person for his or her consumption and not for resale; (c) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101 and which has been approved by the health authority if the food item is sold at a farmers market; (d) Labeled with MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO ROUTINE GOVERNMENT FOOD SAFETY INSPECTIONS printed prominently on the label for the food item; (e) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers; (f) Prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item: (1) Without any domestic activities occurring in the kitchen simultaneously; (2) Without any children or pets being present in the kitchen; (3) Using only noncommercial types of kitchen equipment and utensils; and (4) In which all food contact surfaces, equipment and utensils used for the preparation and processing of the food item are washed, rinsed and sanitized before each use; (g) Prepared and stored only in areas that are maintained free of rodents and insects; (h) Prepared and processed only by persons who: (1) Are excluded from the preparation and processing of any food item when ill; (2) Wash their hands before preparing and processing any food item; and - *SB206* Cottage Foods and Farm to Fork 2

6 (3) Use utensils, including, without limitation, single-use gloves, bakery papers or tongs to prevent contact between the bare hands of the person and the food item; and (i) Prepared and processed without the use of any special process, including, without limitation: (1) Preservation by means of smoking, curing, dehydration or the addition of preservatives; (2) Reduced oxygen packaging, including, without limitation, the cook-chill or sous vide processes; or (3) Pressure canning of food with a ph of less than No local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county may adopt any ordinance or other regulation that prohibits a natural person from conducting a cottage food operation. 3. As used in this section: (a) Cottage food operation means a natural person who manufactures or prepares food items in his or her private home for sale to a natural person for consumption. (b) Food item means: (1) Nuts and nut mixes; (2) Candies; (3) Jams, jellies and preserves; (4) Vinegar and flavored vinegar; (5) Dry herbs and seasoning mixes; (6) Dried fruits; (7) Cereals, trail mixes and granola; (8) Popcorn and popcorn balls; or (9) Baked goods that: (I) Are not potentially hazardous foods; (II) Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and (III) Do not require time or temperature controls for safety. Sec. 2. NRS is hereby amended to read as follows: Except as otherwise limited by subsection 2, food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served. 2. The term does not include: (a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind; - *SB206* Cottage Foods and Farm to Fork 3

7 (b) Fraternal or social clubhouses at which attendance is limited to members of the club; (c) Vehicles operated by common carriers engaged in interstate commerce; (d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public; (e) Any establishment where animals are slaughtered which is regulated and inspected by the State Department of Agriculture; (f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS; [or] (g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers [.] ; or (h) A cottage food operation that meets the requirements of section 1 of this act with respect to food items as defined in that section. Sec. 3. This act becomes effective on July 1, H - *SB206* Cottage Foods and Farm to Fork 4

8 Cottage Food Guide for Rural Nevadans In May 2013, the Nevada Legislature passed and Governor Sandoval signed the cottage food bill, SB206, allowing a limited amount of certain types of non-potentially hazardous foods to be prepared from a person s home, providing that person has registered as a cottage food vendor. These foods may only be sold in the private home of the registered person who prepared them, in farmer s markets, flea markets, swap meets, church bazaars, garage sales and craft fairs. Nevada Revised Statutes (NRS) Chapter 446 will be amended by SB 206 to exempt a cottage food operation from being designated as a food establishment and sets requirements for registration with the health authority, the type of food allowed, package labeling, and sale of cottage food items. The law language will be filed under Nevada Revised Statutes (NRS) Chapter 446 and is effective July 1, A cottage food operation, as allowed by SB206, is defined as a person who manufactures or prepares food items in a non-food establishment setting for sale directly to an end consumer. Gross sales from a cottage food operation may not exceed $35,000 annually. This guide provides information on becoming a registered cottage food operation to produce or sell cottage food in the rural counties of Nevada. This guide does not apply to residents of Carson City, Washoe County and Clark County. Residents of these areas with cottage food questions should contact: Carson City Health and Human Services, Washoe County Health District, Southern Nevada Health District, Cottage Food Defined A cottage food operation, as described in SB206, means person who manufactures or prepares food items in his or her private home, a non-food establishment setting, for direct sale to an end customer. Cottage food preparation takes place in a kitchen that is not inspected by a governmental entity. A cottage food operation cannot prepare or sell food items at a permitted food establishment. Sale of Cottage Food Products Cottage food products can be sold: Directly to the customer for their consumption and not for resale On the cottage food operator s private property, site of manufacture, or at a farmer s market, swap meet, flea market, church bazaar, garage sale or craft fair To remain exempted from permitting, cottage foods sold at a venue that is regulated by the health authority, such as a farmers market or swap meet, must remain in its durable packaging with proper labeling affixed. Cottage Foods and Farm to Fork 5

9 Samples Food samples may be individually pre-portioned in closed, disposable containers at the cottage food operation kitchen for sample distribution at the sale site. Open product sampling requires a temporary health permit to operate. Contact the Environmental Health Section location nearest to you if you have permitting questions, see Office Locations. Allowed Manufactured Food Items Nuts and nut mixes Candies Jams, jellies, and preserves Vinegar and flavored vinegar Dry herbs and seasoning mixes Dried fruits Cereals, trail mixes, and granola Popcorn and popcorn balls Baked goods that: o Are not potentially hazardous o Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content o Do not require time or temperature controls for food safety. Before Sale Before selling foods, the cottage food operator must: Register the cottage food operation with the state health authority. Determine the type of durable packaging that will be used to protect the food items from contamination during transport, display, sale and purchase by consumers Design labeling for the food product, according to the regulations below Cottage Food Product Labeling Guidelines and Requirements NRS Chapter 446 includes labeling requirements of food prepared by cottage food operations. Food packaging must be affixed with labeling that prominently reads: MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION. All required labeling information should be printed prominently and conspicuously in English. Print size should be no smaller than one-sixteenth of an inch based on the lower case letter o and must include the following: 1. Statement of identity - the common, usual name or descriptive identity of the packaged food item 2. Net quantity of contents - net weight in ounces, pounds, or grams, or net content in fluid ounces pints or liters, or number of pieces 3. Ingredient statement - a list of all ingredients, in descending order of predominance by weight. This includes listing all ingredients of an ingredient that in itself contains two or more ingredients 4. The name and physical address where the product was manufactured, packaged or distributed Cottage Foods and Farm to Fork 6

10 5. Declaration of any food allergen contained in the food, unless the food source is already part of the common or usual name of the product or clearly identified in the ingredient list Major food allergens include milk, eggs, fish, crustacean or bivalve shellfish, tree nuts, wheat, peanuts and soybeans and any ingredient that contains protein derived from any one of these ingredients or additives Allergen information must be included in one of two ways: o In parentheses following the name of the ingredient, for example: lecithin (soy), flour (wheat), and whey (milk); or o Immediately after or next to the list of ingredients in a "contains" statement. Example: Contains wheat, milk and soy Farmers Market or Other Venue Manager Responsibilities 1. Ask the cottage food operator for proof of registration before allowing them to operate. 2. Ensure the food for sale is limited to the above list, packaged and labeled per the requirements of NRS Chapter Do not allow open sampling unless the cottage food operator has proof of a current temporary health permit issued by the health authority with jurisdiction over your location. 4. Inform the health authority that you are hosting cottage food operation(s) at your event. If you have any questions contact the Environmental Health Office nearest to you. Cottage Food Kitchen Sanitation and Food Safety Guidelines 1. The preparation, packaging and handling of cottage foods should take place separately from other domestic activities, such as family meal preparation, dishwashing, clothes washing, kitchen cleaning or guest entertainment. No infants, small children or pets should be present in the kitchen during cottage food preparation or packaging operations. o Do not allow smoking during a cottage food operation. o Do not allow anyone with a contagious illness to work in the cottage food operation while ill. o o Wash hands and exposed portions of arms before any food preparation or packaging. Minimize bare hand contact of foods by using utensils, single-use gloves, bakery papers or tongs, especially when preparing and packaging ready-to-eat foods. 2. Keep all kitchen equipment and utensils used to produce cottage food products clean and in good condition. o Wash, rinse and sanitize all food contact surfaces, equipment and utensils before each use. o Ensure water used during the preparation of cottage food products meets potable drinking water standards. o Keep all food preparation and food and equipment storage areas free of rodents and insects. 3. Keep all food that is manufactured, produced, prepared, packed, stored, transported, and kept for sale free from adulteration and spoilage. o Get ingredients from approved sources. Cottage Foods and Farm to Fork 7

11 o o o Protect food from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other environmental sources of contamination. Prevent cross contamination of foods and ingredients with raw animal products and chemicals. Prepackage all food to protect it from contamination during transport, display, sale and purchase by consumers. Cottage Food Vendor Registration Process In order to operate a cottage food operation, Nevada Revised Statutes (NRS) Chapter 446 requires that the cottage food operation register with the health authority. The health authority may require any information deemed necessary and appropriate for the registration process. An application must be completed as part of this process. The application must be submitted to the health authority and will be reviewed. You may either the electronic version as the instructions on the top of the form specify or you can print the manual version off, complete it manually and return it in person or by mail to the Environmental Health office nearest your town or in your town. Our rural office locations can be found at You will be notified of your successful registration. Although food safety information is available on our web site for cottage food operation applicants, it is highly recommended that applicants further educate themselves about safe food handling principles and practices. According to SB206, a cottage food operation may be held financially responsible for the cost of the complaint and/or foodborne illness investigation, if found to be valid. A list of food safety trainers is available on our website at The health authority will evaluate the registration application package submitted for compliance with the following items as required by SB206: The food is to be sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer by means of an in-person transaction that does not involve selling the food item by telephone or via the Internet: o o This means that the food may be sold directly to the consumer from your home or from a licensed farmers market, licensed flea market or swap meet, church bazaar, garage sale or craft fair, provided it is done in person. This does not allow for selling food items via the Internet or over the phone (this does not preclude taking phone or internet orders which involve a face-to-face sale at delivery or pick-up). The food is to be sold to a natural person for his or her consumption and not for resale: o This prohibits any kind of wholesale manufacturing or secondary sale of cottage food products for example, making cookies for retail sale at a market or grocery store is prohibited. The food to be sold is affixed with a label which complies with the federal labeling requirements: o This requires that food packaged for sale by the operator to the consumer must meet the same requirements as commercially-packaged foods. Cottage Foods and Farm to Fork 8

12 The food to be sold is labeled with MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION printed prominently on the label for the food item: o This requires an additional consumer warning that the cottage food operation and the food prepared by the cottage food operation, is not subject to government inspection or oversight. The food to be sold is prepackaged in a manner that protects the food item from contamination during transport, display, sale, and acquisition by consumers: o This section requires the foods to be protected by some type of packaging, particularly when the food will be transported to a location other than the home for sale. The type of packaging will vary depending on the product and location of sale, for instance: Wedding cakes sold from the cottage food operation for home pick-up or delivery to the home of the consumer may be protected by a disposable cardboard cake box, affixed with the appropriate label. Packages of cookies or candy being transported for sale at a farmer s market must be durably packaged and labeled for individual sale. o Foods once packaged for sale to the consumer may not be repackaged at the point of sale, and packages may not be opened for sampling without obtaining a temporary food permit. However, food samples may be pre-portioned in closed disposable containers at the cottage food operation for free distribution at the sale site to be opened and accessed by the customer. The food to be sold is prepared and processed in the kitchen of the private home of the 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: The food to be sold must be limited to: o o o o o o o o o o o Nuts and nut mixes Candies Jams, jellies, and preserves Vinegar and flavored vinegar Dry herbs and seasoning mixes Dried fruits Cereals, trail mixes, and granola Popcorn and popcorn balls Baked goods that: Are not potentially hazardous foods Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content Do not require time or temperature controls for food safety Once successfully registered and entered into the registration database, a formal letter will be sent advising the applicant that the cottage food operation is registered. If a complaint regarding illness, injury or adulterated food is received, an investigation will be conducted and a determination made as to the validity of the complaint. Cottage Foods and Farm to Fork 9

13 o If a complaint is confirmed or if a full epidemiological investigation is conducted due to a foodborne illness compliant, the actual cost to the public for the inspection or investigation will be calculated and charged to the cottage food operation. RESOURCES Senate Bill Nevada Revise Statutes Chapter 446-Food Establishments State of Nevada Environmental Health Office Locations Food Safety Training Options in Nevada Cottage Foods and Farm to Fork 10

14 NEVADA DIVISION OF PUBLIC AND BEHAVIORAL HEALTH RURAL AND COMMUNITY HEALTH SERVICES EHS APPLICATION FOR PERMIT TO OPERATE A FOOD ESTABLISHMENT OR REGISTER AS A COTTAGE FOOD OPERATION Cottage Food Registrations to culch@health.nv.gov Mail Food Establishment Apps with Fees to 4150 Technology Way Carson City, NV Permit No Date Issued... Expiration Date... Permit Fee $... Date Paid... Check No...Receipt No.... Plan Review Fee $... Date Paid... Check No...Receipt No.... Plan(s) received... Plan Review No.... Conditions of Permit... Environmental Health Specialist Approval for Permit: (EHS Staff Must Review Application for Accuracy Prior to Submittal) Signature... Date... Name of Establishment... Physical Address of Establishment... Owner(s)... Telephone... Full Mailing Address for Billing Address... Operator in Charge of Establishment (Name on Permit)... Previous Name of Establishment.... Establishment Information: New...Remodeled...Ownership Change... Service Capacity: No. of Seats Including Outdoor Dining Seating... Square Feet... Number of Drive Up Service Windows... PHCS/EHS 4150 Technology Way, Ste. 101 Carson City, Nevada PHCS / EHS 475 W. Haskell, Ste. 38 Winnemucca, Nevada (775) PHCS / EHS 2080 E. Flamingo, Ste. 319 Las Vegas, Nevada (702) PHCS / EHS 1020 Ruby Vista Dr., Ste. 103 Elko, Nevada (775) PHCS / EHS 485 B Street, Ste. 103 Fallon, Nevada (775) PHCS / EHS 725 Ave K, P.O. Box Ely, Nevada (775) MAIN FACILITY/SUPPORT FACILITY (02) 1. Restaurant Restaurant (Take-Out)... 3.Buffet/Cafeteria Snack Bar/Deli Concession Main/Banquet/Kitchen Drinking Establishment... 8.Caterer Service Bar (No Seats) Portable Food Unit (Not Fixed Mobile Unit (County). (All County) Other (Specify)... WAREHOUSE/STORAGE (07) 1. Dry Produce... WHOLESALE/RETAIL FOOD PROCESSOR/SERVICE (25) 1. Market Meat Market Deli w/market Packaged Liquor Health Foods Produce Ice Plant Bottled Water Cottage Foods... Specify What Cottage Food(s) You Wish to Register Farm to Fork Other (Specify)... BAKERY/SALES (05) 1. Bakery Sales... You are responsible for contacting the Environmental Health Specialist whenever there is a change of operator/ownership or remodeling your facility. Changes in menu or foods offered for sale that necessitate a change of equipment or additional square footage or seating must be approved prior to beginning the changes in your establishment. Plans must be submitted for all extensive remodeling and approved before construction begins. (NRS ) Signature of Applicant... Date... Cottage Foods and Farm to Fork 11

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18 900 E. LONG STREET, CARSON CITY, NV PHONE: (775) FAX: (775) COTTAGE FOOD OPERATION REGISTRATION APPLICATION BUSINESS INFORMATION (DBA) BUSINESS NAME: (DBA) BUSINESS ADDRESS: (STREET, CITY, STATE, ZIP CODE) BUSINESS HOURS: TO: BUSINESS CONTACT INFORMATION: (PHONE NUMBER AND ADDRESS) OWNER NAME AND ADDRESS: (STREET, CITY, STATE, ZIP CODE) COTTAGE FOOD OPERATION I, (PRINT) AM REGISTERING AS A COTTAGE FOOD OPERATION WHICH IS EXEMPT FROM THE REQUIREMENT FOR A HEALTH PERMIT PURSUANT TO NRS 446, AND I AFFIRM AND ATTEST THE FOLLOWING ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. PRIMARY SALES LOCATION (e.g. Home, Farmer s Market): PLEASE READ AND INITIAL THE FOLLOWING: I UNDERSTAND THAT INSPECTIONS WILL NOT BE CONDUCTED AND THAT I WILL BE SOLELY AND FULLY RESPONSIBLE FOR THE SAFETY OF THE FOOD SOLD FROM THIS COTTAGE OPERATION. (INT.) I UNDERSTAND THAT I WILL BE FINANCIALLY LIABLE FOR ANY FEES AND/OR COSTS INCURRED BY THE HEALTH AUTHORITY IN REGARD TO ANY INVESTIGATION OF FOOD ADULTERATION OR FOODBORNE ILLNESS COMPLAINTS FILED AGAINST MY COTTAGE FOOD OPERATION FOUND TO BE VALID. (INT.) I UNDERSTAND THAT COTTAGE FOOD OPERATIONS FOUND TO BE INVIOLATION OF THE COTTAGE FOOD LAW WILL BE ISSUED AN ORDER TO CEASE AND DESIST FOOD SALES. (INT.) I UNDERSTAND THAT COTTAGE FOOD OPERATIONS MAY ONLY SELL DIRECT TO CONSUMER, AND MAY NOT WHOLESALE, AND MAY ONLY SELL PACKAGED FOODS FROM PUBLIC LOCATIONS (NO INTERNET OR PHONE SALES). (INT.) I UNDERSTAND THAT ALL FOODS FROM A COTTAGE FOOD OPERATION MUST BEAR A LABEL STATING MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION. (INT.) I UNDERSTAND THAT ALL LABELS OF FOODS SOLD FROM A COTTAGE FOOD OPERATION MUST MEET APPLICABLE REQUIREMENTS OF 21 U.S.C. 343(W) AND 9 C.F.R. PART 101. (INT.) I HAVE BEEN PROVIDED SAFETY INFORMATION AND LABELING GUIDELINES FOR MY COTTAGE FOOD OPERATION. (INT.) OWNER S SIGNATURE: DATE: OFFICE USE ONLY: [ ] APPLICATION IS APPROVED [ ] APPLICATION IS NOT APPROVED DATE: Health Department Official Revised 06/27/13 Cottage Foods and Farm to Fork 15

19 Name of Cottage Food Operation: 900 E. Long Street Carson City, NV Phone: Fax: COTTAGE FOOD OPERATION REGISTRATION QUESTIONNAIRE 1. Types of Foods to be prepared: ITEM: MAJOR INGREDIENTS: 2. Will the foods be prepared with a cooking step? YES or NO If YES, describe process: 3. Will foods be sold direct to consumer PACKAGED or UNPACKAGED? If PACKAGED, please describe form of packaging (samples etc.): 4. Will foods be sold from: o Home o Farmers Market o Road Front Booth on your own property o Swap Meet/Flea Market o Transient EVENT such as a church bazaar, garage sale or craft Fair 5. Packaged Food LABELS: Foods packaged for sale off-premises must be labeled in compliance with applicable requirements of 21 U.S.C. 343(W) AND 9 C.F.R. PART 317 AND 21 C.F.R. PART 101, and must bear the statement, MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION. OFFICE USE ONLY QUESTIONNAIRE REVIEWED ON DATE: BY: APPROVED NOT APPROVED City reason for disapproval: o Food submitted for sale does not meet the requirements of Cottage Food Law o Labels submitted do not meet requirements of Cottage Food Law o Business model submitted does not meet the requirements of Cottage Food Law o Other: Cottage Foods and Farm to Fork 16

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21 SECTION 187 FARMERS MARKETS Intent of Regulation: The intent of this regulation is to establish regulatory requirements for farmers markets, and to differentiate farmers markets and their produce and farm products vendors from other temporary food establishments. Scope of Regulations: The regulations apply only to those vendors selling produce and/or farm products at farmers markets. All other food vendors selling food in affiliation with any farmers' market must comply with all applicable parts of Section 170 of these regulations All food offered for sale or given away at the farmers market shall be produced, prepared, compounded, packed, stored, transported, kept for sale, and served, so as to be pure, free from contamination, adulteration and spoilage, and shall be obtained from approved sources; and shall be otherwise fit for human consumption The producer of the farm products to be sold at farmers markets must be certified by the Department of Agriculture. A copy of the certification document from the Department of Agriculture shall be provided to the Health Authority Farmers Markets Shall Meet All the Following Requirements 1. All food shall be stored at least five (5) inches (12.5 centimeters) off the floor or ground or under any other conditions that are approved by the Health Authority. 2. Food preparation is prohibited by vendors selling produce and/or farm products vendors at farmers markets with the exception of samples. Preparation and service of food samples is allowed, provided that the following sanitary requirements are met: A. Samples shall be kept in approved, clean and sanitized containers. B. All food samples shall be distributed by the producer in a sanitary manner. C. Clean, disposable plastic gloves shall be used when cutting food samples. D. Food intended for consumption shall be washed, or cleaned with potable water to remove soil or other contaminants. E. Potable water shall be available for hand washing and sanitizing as approved by the Health Authority. F. Potentially hazardous food samples shall be maintained at or below 45 F 40 F or cooked as outlined in Section 030 of these regulations and held at or above 140 F. All other food samples shall be disposed of within two (2) hours after cutting. G. Utensil and hand washing water shall be disposed of in an approved sewerage system or in a manner approved by the Health Authority. Cottage Foods and Farm to Fork 18

22 H. Utensils and cutting surfaces shall be smooth, easily cleanable and nonabsorbent. This does not preclude the use of single-service utensils, such as toothpicks or similar items. I. Cutting boards and utensils used to cut, slice or prepare potentially hazardous food must be washed, rinsed and sanitized every two (2) hours. If facilities are not available to accomplish this, extra cleaned and sanitized utensils and cutting boards must be on site for use Produce stands must meet the construction set forth in Section of these regulations Approved toilet facilities shall be available within 200 feet (61.5 meters) of any premises of the farmers market or as approved by the Health Authority Approved hand washing facilities must be present at each vendor s booth. Single use paper towels and hand soap in a dispensing unit must be present at each hand washing station No live animals, birds or fowl shall be kept or allowed within 20 feet (6 meters) of any area where food is stored or offered for sale. This does not apply to service animals FRESH EGGS Fresh poultry eggs are allowed for sale at farmers markets, provided that the following requirements are met: 1. The eggs must be sold by a Nevada-certified producer; 2. The eggs must be candled and graded with a minimum Grade A; 3. An application for Direct Marketing of Poultry Eggs at Farmers Markets must be on file with the Nevada Department of Agriculture; 4. All records requirements of the Nevada Department of Agriculture must be met; 5. Temperature at the shell in stored eggs following harvest up to the point of sale must not exceed Fahrenheit; and 6. All eggs must be transported, stored, and displayed in a safe and sanitary manner as to minimize breakage and contamination Except as otherwise provided in Subsection 1, it is unlawful for any person to operate a produce stand or sell farm products in conjunction at with a farmers market unless the person possesses a valid health permit issued to them by the Health Authority. 1. The Health Authority may exempt from the permitting requirement any person operating a produce stand in conjunction with a farmers market, provided no produce samples are given or sold to consumers. 2. Poultry and poultry products, livestock and livestock products sold or sampled at Farmers Markets must have a valid United States Department of Agriculture (USDA) inspection stamp required under the Federal Meat Inspection Act, Title 21, Chapter 12 or Cottage Foods and Farm to Fork 19

23 is inspected and approved by the Nevada State Health Division Department of Health and Human Services and in compliance with the provisions of Nevada Revised Statutes to inclusive The person, firm, association or corporation licensed by the county commission, city council or other governing body of any incorporated city in Washoe County to establish a farmers market shall ensure that anyone operating a produce stand within the farmers market has a valid health permit A permit application to operate a produce stand affiliated with a farmers market or sell farm products at a farmers market must be accompanied by a fee set by the District Board of Health. A late fee will be assessed if the application and payment is not received a minimum of seven (7) days prior to beginning operations Temporary foods may operate at farmers markets under provisions of Section 170 of these regulations. A permit application to operate a temporary food establishment must be obtained. A temporary food establishment may not operate at the same market in the same location more than 14 calendar days per year Issuance of an Annual Sampling Produce and Farm Products Permit 1. Any person desiring to operate a produce stand or sell farm products in conjunction with a farmers market must comply with the requirements of NRS Upon compliance and after payment of a fee set forth in the fee schedule established by the District Board of Health, an annual permit, for sampling only and/or sale will be issued. The permit can be renewed annually, provided the renewal fee is paid prior to the expiration date of the existing permit and provided the permit has not been previously suspended or revoked for sanitation violations. 2. Upon making application to the Health Authority, the applicant will be provided with two (2) copies of the sanitation requirements for sampling. One copy will remain with the applicant for reference. The other copy must be signed by the applicant, indicating acknowledgement and receipt of the requirements, and must be returned with the application to the Health Authority. 3. Once issued, the permit is valid throughout Washoe County, providing notification is sent to the Health Authority, at least 14 days prior to operating at the locations where sampling is to be conducted. Notification must be done on forms provided by the Health Authority. 4. Sampling is restricted to produce or farm products as approved by the Health Authority. Only produce stands vendors affiliated with a farmers market are eligible for this permit. 5. The Health Authority may restrict the sampling and/or sale of food items based on inspection findings or an unacceptable risk to public health Operators of farmers markets and vendors working farmers markets are subject to enforcement action as outlined in Section 190 of this regulation and Nevada Revised Statutes, Chapter 446. Cottage Foods and Farm to Fork 20

24 Thank you for informing me of this class. However, please know that my policy for Shirley's Farmers' Markets is that we will not allow cottage produced foods in our markets. Only products prepared in an approved certified kitchen and by the state or county health department will be allowed. Someone probably should have talked with farmers' market managers before they decided to include farmers' markets on the venue list. I would appreciate it if you would include this information in your presentation. Thank you. Shirley Sponsler CBE-Shirley's Farmers' Markets PO Box 2898-Sparks, NV Cottage Foods and Farm to Fork 21

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26 Cottage Food Operation Fact Sheet A cottage food operation, as allowed by Nevada Revised Statutes (NRS) Chapter 446, means a natural person who manufactures or prepares food items in a non-food establishment setting for sale to a natural person. In Clark County, a cottage food operation cannot prepare or sell food items at a health district permitted food establishment. Sale of Cottage Food Products NRS 446 specifies where and to whom cottage food products can be sold: Must be direct to the end consumer and not for resale. May take place on the cottage food operator s private property, site of manufacture, or at a farmer s market, swap meet, flea market, church bazaar, garage sale or craft fair. To remain exempted from permitting, cottage foods sold at a venue that is regulated by the health district, such as a farmers market or swap meet, must stay in its durable packaging with proper labeling affixed. o Food samples may be individually pre-portioned in closed, disposable containers at the cottage food operation kitchen for sample distribution at the sale site. Open product sampling requires a health permit to operate. Contact the Environmental Health Plan Review program at (702) if you have permitting questions. Manufactured Foods Items Per NRS 446, foods that can be manufactured by cottage food operations are limited to the following items: Nuts and nut mixes; Candies; Jams, jellies, and preserves; Vinegar and flavored vinegar; Dry herbs and seasoning mixes; Dried fruits; (702) Cottage Foods and Farm to Fork 23

27 Cereals, trail mixes, and granola; Popcorn and popcorn balls; or Cottage Food Operation Fact Sheet Baked goods that: o Are not potentially hazardous foods; o Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and o Do not require time or temperature controls for food safety. Before Sale Before selling foods, the cottage food operator must do the following: Determine the type of durable packaging that will be used to protect the food items from contamination during transport, display, sale and purchase by consumers. Design labeling for the food product (see Labeling Guide). If product is sold at a venue under regulation by the health district, a label review is required. Register the cottage food operation with the health district. (702) Cottage Foods and Farm to Fork 24

28 What Farmers Market/Swap Meet Managers Needs to Know What is a cottage food operation? A cottage food operation, as allowed by a revision of Nevada Revised Statutes (NRS) Chapter 446, means a natural person who manufactures or prepares food items in a nonfood establishment setting for sale directly to an end consumer. Cottage food preparation takes place in a kitchen that is not inspected by a governmental entity. What foods can be manufactured by a cottage food operation? The types of foods that can be manufactured are limited and are shelf stable: Nuts and nut mixes; Candies; Jams, jellies, and preserves; Vinegar and flavored vinegar; Dry herbs and seasoning mixes; Dried fruits; Cereals, trail mixes, and granola; Popcorn and popcorn balls; or Baked goods that: o Are not potentially hazardous foods; o Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and o Do not require time or temperature controls for food safety. What are the requirements and limits on cottage food sales? Before producing and selling a cottage food product, the operator must register with the health district. Other requirements per NRS 446 include: 1. The product must be durably packaged with specific labeling and a warning statement. (702) Cottage Foods and Farm to Fork 25

29 What Farmers Market/Swap Meet Managers Needs to Know 2. All sales must be direct to the end consumer and not for resale. Sales may take place on the cottage food operator s private property, site of manufacture or at a farmers market, flea market, swap meet, church bazaar, garage sale or craft fair. 3. To maintain exemption from permitting at a location that is regulated by the health district, such as farmers markets or swap meets, the food product must remain in its durable packaging with proper labeling affixed. Food samples may be individually pre-portioned in closed, disposable containers at the cottage food operation kitchen for sample distribution at the sale site. Open product sampling requires a health permit to operate. As a Farmers Market or Swap Meet Manager, what are my responsibilities if I allow a cottage food operator to sell food at my event/location? 1. Ask the cottage food operator for proof of registration. 2. Ensure the food for sale is limited to the above list, packaged and labeled per the requirements of the NRS Do not allow open sampling unless the cottage food operator has proof of an active health permit. 4. List the cottage food operation on your application/notifications to the health district. If you have any questions contact the Environmental Health Division at (702) (702) Cottage Foods and Farm to Fork 26

30 Cottage Food Operation Labeling Guide Nevada Revised Statutes (NRS) Chapter 446 has been amended to exempt a cottage food operation from being designated a food establishment and sets requirements for registration with the health authority, the food types allowed, package labeling, and sale of food items. NRS Chapter 446 includes labeling requirements of food prepared by cottage food operations. Food packaging must be affixed with labeling that: Complies with the federal labeling requirements set forth in 21 U.S.C. 343(w), 9 C.F.R. Part 317 and 21 C.F.R. Part 101 (General label content outlined below), and Labeled with MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION printed prominently on the food item label. Basic Labeling Requirements All required labeling information should be printed prominently and conspicuously in English. Print size should be no smaller than one-sixteenth of an inch based on the lower case letter o and include: 1. Statement of identity - the common, usual name or descriptive identity of the packaged food item. 2. Net quantity of contents Net weight in ounces, pounds, or grams, or Net content in fluid ounces pints or liters, or number of pieces 3. Ingredient statement - a list of all ingredients, in descending order of predominance by weight. This includes listing all ingredients of an ingredient that in itself contains two or more ingredients. 4. The name and address where the product was manufactured, packaged or distributed. 5. Declaration of any food allergen contained in the food, unless the food source is already part of the common or usual name of the product or clearly identified in the ingredient list. Major food allergens include milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts and soybeans and any ingredient that contains protein derived from one of these. (702) Cottage Foods and Farm to Fork 27

31 Cottage Food Operation Labeling Guide It must be included in one of two ways: o In parentheses following the name of the ingredient. Examples: lecithin (soy), flour (wheat), and whey (milk); or o Immediately after or next to the list of ingredients in a "contains" statement. Example: Contains wheat, milk and soy. Reminder: As outlined in NRS Chapter 446, food items that may be manufactured in a cottage food operation are limited to the following: Nuts and nut mixes; Candies; Jams, jellies, and preserves; Vinegar and flavored vinegar; Dry herbs and seasoning mixes; Dried fruits; Cereals, trail mixes, and granola; Popcorn and popcorn balls; or Baked goods that: o Are not potentially hazardous foods; o Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and o Do not require time or temperature controls for food safety. (702) Cottage Foods and Farm to Fork 28

32 Kitchen Sanitation and Food Safety Guidelines 1. The preparation, packaging and handling of cottage foods should take place separately from other domestic activities, such as family meal preparation, dishwashing, clothes washing, kitchen cleaning or guest entertainment. No infants, small children or pets should be present in the kitchen during cottage food preparation. Do not allow smoking during a cottage food operation. Do not allow anyone with a contagious illness to work in the cottage food operation while ill. Wash hands and exposed portions of arms before any food preparation or packaging. Minimize bare hand by using utensils, single-use gloves, bakery papers or tongs, especially when preparing/packaging ready-to-eat foods. 2. Keep all kitchen equipment and utensils used to produce cottage food products clean and in a good condition. Wash, rinse and sanitize all food contact surfaces, equipment and utensils before each use. Ensure water used during the preparation of cottage food products meets potable drinking water standards. Keep all food preparation and food and equipment storage areas free of rodents and insects. 3. Keep all food that is manufactured, produced, prepared, packed, stored, transported, and kept for sale free from adulteration and spoilage. Get ingredients from approved sources. Protect food from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other environmental sources of contamination. Prevent cross contamination of foods and ingredients with raw animal products and chemicals. Prepackage all food to protect is from contamination during transport, display, sale and purchase by consumers. (702) Cottage Foods and Farm to Fork 29

33 Cottage Food Operations Registration Process In order to operate a cottage food operation, Nevada Revised Statutes (NRS) Chapter 446 requires that the cottage food operation register with the health authority. The health authority in Clark County is the Southern Nevada Health District. The health district may require any information deemed necessary and appropriate for the registration process. An application and a questionnaire must be completed as part of this process. A one-time fee of $100 (Exemption fee) will be charged for the review and approval of the registration application, questionnaire and the review and approval of any labels submitted with the application. Call (702) to set an appointment to submit an application. Although food safety information will be provided to cottage food operation applicants, it is highly recommended that applicants educate themselves about safe food handling principles and practices. According to SB206, a cottage food operation may be held financially responsible for the cost of the complaint and/or foodborne illness investigation, if found to be valid. Visit the Food Safety Training webpage to complete the optional food safety training. A fee of $20 applies. The health district will evaluate the registration application package submitted for compliance with the following items as required by SB206: The food is to be sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer by means of an inperson transaction that does not involve selling the food item by telephone or via the Internet: o o This means that the food may be sold directly to the consumer from your home or from a licensed farmers market, licensed flea market or swap meet, church bazaar, garage sale or craft fair, provided it is done in person. This does not allow for selling food items via the Internet or over the phone (this does not preclude taking phone or internet orders which involve a face-to-face sale at delivery or pick-up). (702) Cottage Foods and Farm to Fork 30

34 Cottage Food Operations Registration Process The food is to be sold to a natural person for his or her consumption and not for resale: o This prohibits any kind of wholesale manufacturing or secondary sale of cottage food products for example, making cookies for retail sale at a market or grocery store is prohibited. The food to be sold is affixed with a label which complies with the federal labeling requirements: o This requires that food packaged for sale by the operator to the consumer must meet the same requirements as commercially-packaged foods. Visit the Cottage Food Operation Labeling Guide webpage for more information. o Labels for foods packaged by a cottage food operation for sale at a public location under inspection by the health district, such as a farmer s market or swap meet, must have their labels reviewed and approved by the health district at registration and before sale. The food to be sold is labeled with MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION printed prominently on the label for the food item: o This requires an additional consumer warning that the cottage food operation and the food prepared by the cottage food operation, is not subject to government inspection or oversight. The food to be sold is prepackaged in a manner that protects the food item from contamination during transport, display, sale, and acquisition by consumers: o This section requires the foods to be protected by some type of packaging, particularly when the food will be transported to a location other than the home for sale. The type of packaging will vary depending on the product and location of sale, for instance: Wedding cakes sold from the cottage food operation for home pick-up or (702) Cottage Foods and Farm to Fork 31

35 Cottage Food Operations Registration Process delivery to the home of the consumer may be protected by a disposable cardboard cake box, affixed with the appropriate label. Packages of cookies or candy being transported for sale at a farmer s market must be durably packaged and labeled for individual sale. o Foods once packaged for sale to the consumer may not be repackaged at the point of sale, and packages may not be opened for sampling without obtaining a health permit. However, food samples may be pre-portioned in closed disposable containers at the cottage food operation for free distribution at the sale site. The food to be sold is 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 district, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization: o This section defines where a cottage food operation may be allowed to operate although SB206 allows for operation at a school, the Southern Nevada Health District will not allow any permitted food establishment to be used for a cottage food operation, and a permitted kitchen or warehouse will not be allowed to store or use foods produced by a cottage food operation. The food to be sold must be limited to: o o o o o o o o o Nuts and nut mixes; Candies; Jams, jellies, and preserves; Vinegar and flavored vinegar; Dry herbs and seasoning mixes; Dried fruits; Cereals, trail mixes, and granola; Popcorn and popcorn balls; or Baked goods that: (702) Cottage Foods and Farm to Fork 32

36 Cottage Food Operations Registration Process Are not potentially hazardous foods; Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and Do not require time or temperature controls for food safety. Once approved, the registration will be finalized and entered into the database. A formal letter will be sent advising the applicant that the cottage food operation is registered. No further correspondence will be sent and no additional fees will be due unless a complaint regarding illness, injury or adulterated food is received. o o If a complaint regarding illness, injury or adulterated food is received, an investigation will be conducted and a determination made as to the validity of the complaint. If a complaint is confirmed, a confirmed complaint fee will be charged. In addition, if a full epidemiological investigation is conducted due to a foodborne illness compliant, the actual cost to the public for the investigation will be calculated and charged to the cottage food operation. (702) Cottage Foods and Farm to Fork 33

37 330 S. Valley View Blvd. P.O. BOX 3902, Las Vegas NV COTTAGE FOOD OPERATION REGISTRATION APPLICATION BUSINESS INFORMATION (DBA) BUSINESS NAME: (DBA) BUSINESS ADDRESS: (STREET, CITY, STATE, ZIP CODE) BUSINESS HOURS: TO BUSINESS CONTACT INFORMATION: (PHONE NUMBER AND ADDRESS) OWNER NAME AND ADDRESS: (STREET, CITY, STATE, ZIP CODE) COTTAGE FOOD OPERATION I, (PRINT) AM REGISTERING AS A COTTAGE FOOD OPERATION WHICH IS EXEMPT FROM THE REQUIRMENT FOR A HEALTH PERMIT PURSUANT TO NRS 446, AND I AFFIRM AND ATTEST THE FOLLOWING ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. PRIMARY SALES LOCATION (e.g. Home, Farmer s Market): PLEASE READ AND INITIAL THE FOLLOWING: I UNDERSTAND THAT INSPECTIONS WILL NOT BE CONDUCTED AND THAT I WILL BE SOLELY AND FULLY REPSONSIBLE FOR THE SAFETY OF THE FOOD PRODUCT SOLD FROM THIS COTTAGE FOOD OPERATION. (INT.) I UNDERSTAND THAT I WILL BE FINANCIALLY LIABLE FOR ANY FEES AND/OR COSTS INCURED BY THE HEALTH AUTHORITY IN REGARD TO ANY INVESTIGATION OF FOOD ADULTERATION OR FOODBORNE ILLNESS COMPLAINTS FILED AGAINST MY COTTAGE FOOD OPERATION AND FOUND TO BE VALID. (INT.) I UNDERSTAND THAT COTTAGE FOOD OPERATIONS FOUND TO BE IN VIOLATION OF THE COTTAGE FOOD LAW WILL BE ISSUED AN ORDER TO CEASE AND DESIST FOOD SALES. (INT.) I UNDERSTAND THAT COTTAGE FOOD OPERATIONS MAY ONLY SELL DIRECT TO CONSUMER, AND MAY NOT WHOLESALE, AND MAY ONLY SELL PACKAGED FOODS FROM PUBLIC LOCATIONS (NO SAMPLING or INTERNET/PHONE SALES) (INT.) I UNDERSTAND THAT ALL FOODS SOLD FROM A COTTAGE FOOD OPERATION MUST BEAR A LABEL STATING MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION. (INT.) I UNDERSTAND THAT ALL LABELS OF FOODS SOLD FROM A COTTAGE FOOD OPERATION MUST MEET APPLICABLE REQUIREMENTS OF 21 U.S.C. 343(W) AND 9 C.F.R. PART 317 AND 21 C.F.R. PART 101. (INT.) I HAVE BEEN PROVIDED FOOD SAFETY INFORMATION AND LABELING GUIDELINES FOR MY COTTAGE FOOD OPERATION. (INT.) OWNER S SIGNATURE: DATE: OFFICE USE ONLY: [ ] APPLICATION IS APPROVED [ ] APPLICATION IS NOT APPROVED DATE: Cottage Foods and Farm to Fork 34

38 330 S. Valley View Blvd. P.O. BOX 3902, Las Vegas NV (702) COTTAGE FOOD OPERATION REGISTRATION QUESTIONNAIRE PR#: Name of cottage food operation: 1. Types of foods to be prepared: Item: Major Ingredients: 2. Will the foods be prepared with a cooking step? YES NO If yes, describe process: 3. Will foods be sold direct to consumer packaged or unpackaged? If packaged, describe type of packaging (samples, etc.): 4. Will foods be sold from: Farmers Market Swap Meet / Flea Market Transient event, such as a church bazaar, garage sale or craft fair 5. Packaged food labels: Submit copies of all food labels for review and approval. Foods packaged for sale off-premises must be labeled in compliance with applicable requirements of 21 U.S.C. 343(W) AND 9 C.F.R. PART 317 AND 21 C.F.R. PART 101, and must bear the statement - MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION Labels submitted for review: YES NO OFFICE USE ONLY QUESTIONNAIRE REVIEWED ON DATE: BY: APPROVED NOT APPROVED If unapproved, state reason: Foods submitted for sale do not meet the requirements of the Cottage Food Law. Labels submitted do not meet requirements of the Cottage Food Law. Business model submitted does not meet the requirements of the Cottage Food Law. Cottage Foods and Farm to Fork 35

39 BASIC LABELING GUIDELINES The following information is required by law to be on a food label before the product is offered for sale. The minimum print height for any of this required information is 1/16 inch (based on the lower case letter o unless only upper case letters are used). Statement of Identity (Common or usual name of product). (21 CFR 101.3) The net quantity statement. (21 CFR ) An ingredient statement (unless it is a single ingredient product). (21 CFR 101.4) The name and address (street address, city, state, and zip code) of the manufacturer, packer, or distributor. If the name and address of the business is listed in a local telephone directory, the street address may be omitted from the label. (21 CFR 101.5) Nutrition Statement: Most products must also have a Nutrition Facts statement following the FDA approved format. (21 CFR 101.9) 1. The product name must appear on the principal display panel (PDP = the portion of the label expected to be displayed when the product is offered for sale.) It must be prominent and in bold type and be an appropriate descriptive name that is not misleading. It should be printed generally parallel to the base of the package and at least 1/2 the size of the largest print on the label. 2. The net quantity statement must be appropriate for the type of product. Generally, products that are solid, semi-solid, viscous, or a mixture of liquid and solid, are labeled by net weight (unless trade custom allows them to be labeled by count.) Liquids are generally labeled in fluid volume. Some products are required to be labeled by dry volume, length, area, etc. Any net content statement that does not permit price and quantity comparison is forbidden. The net quantity is to be stated as a definite amount - do not use qualifying statements such as: when packed, approximately, minimum, or words of similar import. Nor shall any unit of weight or measure be qualified with terms that tend to exaggerate the amount of the commodity, such as: jumbo, giant, full, etc. On the average the quantity of the commodity in the package must at least equal or exceed the labeled quantity with no unreasonable shortages in any package even when overages in other packages compensate for such shortage. The net quantity statement must appear in the bottom 1/3 of the PDP label in the largest whole units of both the US System of Measures and the metric equivalent. This means the net weight will show the total number of ounces if product net weight is less than one pound, or show pounds and ounces if the net weight is one pound or more. Either US or metric quantity may be printed first, the equivalent quantity following in parenthesis. Do not use periods behind abbreviations or s to indicate plurals. Metric abbreviations must be printed in lower case letters, except you may use either l or L to indicate liter and ml or ml for milliliter. (Use 1 oz = g to calculate net weight conversions, or 1 fluid ounce = ml, then round appropriately.) The print size required for the net quantity statement is based on the area of the principal display panel (print size is based on the height of the lower case letter o unless only upper Cottage Foods and Farm to Fork 36

40 case letters are used.) The statement must be prominent, conspicuous and easy to read. An area equal to the height of the required lettering above and below the quantity statement must be left free of other print. Area of Principal Display Panel Type Size Required 5 square inches or less Not less than 1/16 inch More than 5, but not more than 25 sq. in. Not less than 1/8 inch More than 25, but not more than 100 sq. in. Not less than 3/16 inch More than 100, but not more than 400 sq. in. Not less than 1/4 inch Over 400 square inches The next three items may be on the PDP or on the information panel (IP = usually the portion of the package immediately to the right of the PDP). Nonessential, intervening print and/or art work are not permitted between the required labeling items (e.g., the UPC bar code is not required labeling). 3. Ingredient statements must begin with the word Ingredients: followed by a colon. All ingredients must be listed by common or usual name in descending order of predominance by weight (from heaviest to lightest). Any ingredient which itself contains two or more ingredients: a) shall declare the common or usual name of the ingredient followed by a parenthetical listing of all ingredients contained therein in descending order of predominance; b) or by incorporating into the statement of ingredients in descending order of predominance in the finished food, the common or usual name of every component of the ingredient without listing the ingredient itself. (Use only one of these formats per label please.) 4. The name and address (street address, city, state, zip code - or country and mailing code if outside the United States) of the manufacturer packer, or distributor. If the business name and street address are found in a local telephone directory, the street address may be omitted. Unless the name given is the actual manufacturer, accompany it with manufactured for or distributed by to show the relationship to the product. 5. Nutrition Statement: FDA requires a Nutrition Statement on almost all food offered for sale. The statement must follow the approved FDA format. Some foods categories are exempt from the nutrition statement: foods produced by small (as defined by FDA) businesses; foods served in restaurants and/or sold ready for immediate consumption; certain foods sold directly to consumers from the location where they are prepared (delis and bakeries); foods that provide no significant nutrition (plain, unsweetened coffee; most single ingredient spices, etc.) A business that employs fewer than 100 full-time equivalent employees and that sells fewer than 100,000 units of a particular food product is defined as a small business, as noted above, and can file for an exemption to the nutrition labeling requirements on that product. A business that employs fewer than 10 full-time equivalent employees and that sells fewer than 10,000 units of a particular food product can omit the nutrition labeling without needing to file for an exemption. Any health or nutrition claim or nutrition information on product labeling or advertisements voids these exemptions. Cottage Foods and Farm to Fork 37

41 Nevada's Cottage Food Law: A Berry Farmer's Story August 12, 2013 Nevada s Cottage Food Law A Berry Farmer s Story An example of using this new law to expand our berry farm business Jack Jacobs August 12, Who Are We? August 12, Our Berry Farm Where we grow berries, provide a venue for weddings/events, and live. Come Visit Us! August 12, Jack Jacobs, Jacobs Family Berry Farm Cottage Foods and Farm to Fork 38 1

42 Nevada's Cottage Food Law: A Berry Farmer's Story August 12, 2013 Our Berries We have planted 1000 berry plants starting in 2010 They are just beginning to produce August 12, Type/Name Varieties at the Farm Estimated Harvest Dates Color July August September October Blackberry Chester Black Triple Crown Black Natchez Ouachita Black Black Prime Ark 45 Black Prime Jan Black Raspberry Bristol Jewel Encore Nova Polana Taylor Jaclyn Joan J Mac Black Heritage Black Black Red Red Red Red Red Red Black Red August 12, Marketing is Our Biggest Challenge Selling Fresh Picked Berries Has Critical Timing Field to Customer a few days Selling Value Added Berry Products Adds Flexibility Jam From Fresh or Frozen Berries months Having the Option Allows the Farmer to Sell All of Their Berries Year Around August 12, Jack Jacobs, Jacobs Family Berry Farm Cottage Foods and Farm to Fork 39 2

43 Nevada's Cottage Food Law: A Berry Farmer's Story August 12, 2013 So We Wanted to Sell Jam Our Findings & Actions 1. Rules in 2012 Were Too Costly Thousands of $ in Start Up with Years Before Payoff 2. Need to Help Change the Rules Presented Testimony to Senate & House Provided Samples of Berry Jam with Example Labeling 3. Help Adopt Clear Regulations 4. Must Implement and Comply 5. Resulting in...business Benefits August 12, Rules 2012 Rules for Jam Our Costs to Comply Jam Prepared in a Commercial Kitchen Water Activity Test ph Test Each Batch <4.6 HACCP Document Label $ /recipe Equipment $100 Prep Cost?, Review $664 Review $84 August 12, Our Costs vs. Profits Profit $210 Profit $2556 Costs and Revenue 400 Jars of Raspberry & Blackberry Jam (2 Recipes) Not Including Commercial Kitchen & Prep of HACCP August 12, Jack Jacobs, Jacobs Family Berry Farm Cottage Foods and Farm to Fork 40 3

44 Nevada's Cottage Food Law: A Berry Farmer's Story August 12, 2013 Changing the Rules 2012 Rules Cottage Food Law Rules Commercial Kitchen Home Kitchen Recipe Analysis Process Review Label Review Prescribed Label Annual Inspection Complaint Driven Inspection August 12, Issues Specific Food Products Kitchen Practices Sanitation (food, facility, people, equipment, containers) Production Process Packaging Selling Practice Producer Registration Clear Regulations Comments Jam Other items syrup? Practices Vary How detailed? Farmer s Kitchen/Cook Jars with seals? Options Sell at other properties After F2F sale, order? Forms & Process August 12, Implement & Comply Register as Producer of Berry Jam using Various Recipes Jam Making Process Establish Sanitary Conditions Cook Fruit with Ingredients Clean & Boil Jars Reheat Jam in Jars Seal Jars & Band Label & Store Jars August 12, Jack Jacobs, Jacobs Family Berry Farm Cottage Foods and Farm to Fork 41 4

45 Nevada's Cottage Food Law: A Berry Farmer's Story August 12, 2013 Selling Our Jam At Farm During Berry Season At Family Antique Store All Year To Customers Face to Face August 12, Berry Farm Business Benefits Financial Sales Staffing Marketing & Promotion Sales of Jam Increase Income During Berry Season, Holidays, Year Around Use Antique Business Staff (Wife) for Off Season Sales Sales at Antique Business (on/off season) Promotes Berry Business for On Farm Sales August 12, Check Us Out On Our Web Site! August 12, Jack Jacobs, Jacobs Family Berry Farm Cottage Foods and Farm to Fork 42 5

46 Nevada's Cottage Food Law: A Berry Farmer's Story August 12, 2013 Jack Jacobs info@jacobsberries.com PO Box 217 Gardnerville, Nevada August 12, Jack Jacobs, Jacobs Family Berry Farm Cottage Foods and Farm to Fork 43 6

47 The Ohio Direct Marketing Team Developing and Growing a Brand For Your Farm Eric Barrett Ohio State University Extension What is a brand? Idea or image of specific product/service Name, logo, slogan, colors/designs Marketed to gain consumer recognition Specific to a business What is branding? Recognition You, not just the things you sell/market Reputation How customers are treated Organization Expectations Brand management Using your brand to market to consumers Not just advertising Cottage Foods and Farm to Fork 44

48 The Ohio Direct Marketing Team Can you name a retail business that does not have a brand? branding no livestock already have a logo Do you do a good job Branding A single style that s all your own? Merchandising Using eye catching displays that entice customers to buy? Training Ensuring your family/employees all understand? Cottage Foods and Farm to Fork 45

49 Our Agenda Find Your Passion Brand Your Farm Embrace Opportunities Reading Your Image: Basic improvements Signage Ideas Do s & Don ts Gain Buy-In From staff/family: Communication & Training Passion What feeds your business mind? Cottage Foods and Farm to Fork 46

50 What is Passion! Webster Intense, driving, or overmastering feeling or conviction A strong liking or desire for or devotion to some activity, object or concept Anything passionate about 4/$1 beets? Selling Passion It s more Fun Profitable Rewarding It s less Stressful Frustrating Testing Yummy Peppers $5.00qt? It s all about me! "Without passion you don t have energy, with out energy you have nothing." Donald Trump Cottage Foods and Farm to Fork 47

51 Refocusing On Your Passion Restaurant Impossible On the Food Network Sometimes it s a jolt Sometimes it s a conference Many times reflection with the team Take time to charge up Once the season is here I m too busy I don t have time We ve always done it this way People like Silver Queen Teenagers are just a pain to hire I m in a rut I m exhausted after the season Passion vs. Frustration Cottage Foods and Farm to Fork 48

52 Moving on? "You never achieve success unless you like what you are doing." Dale Carnegie Reflection with the team Why do we do this? Are there secret complaints of staff? of customers? What frustrates us? Excites us? How can we deal with these? Mission The Ohio Direct Marketing Team Developing/Upgrading Your Branding Cottage Foods and Farm to Fork 49

53 why are they using branding? Your value lies within your guests branding changes 6 th Grade Science Class + =Conditioned Response Cottage Foods and Farm to Fork 50

54 Your Logo is the bell = They own part of nearly every 3 year old s brain! Close your eyes think about what the public thinks is the typical farmstead Cottage Foods and Farm to Fork 51

55 Common Language Building names Themes Ensures efficiency in communications with employees and customers Brand updates Values will change should help with decisions on pricing, offerings Why are you in business? Look at: Changes in products/services The feel you are presenting Farm signage changes Design changes i.e. sleek is fashionable a little upgrade Cottage Foods and Farm to Fork 52

56 Beyond logo, color Buildings, Employees, Ads, Displays, Customer Service, Packaging, Everything! A theme are you rustic split rail, colonial picket, or Kentucky style white-board fences? branding the country lifestyle Out Here you'll find callused hands and uncalloused minds. The rural lifestyle. Sure, it's a lot of work, but the payoff is a clear conscience, going to bed a good kind of tired and the satisfaction that comes from getting the job done yourself." Washington Post A Paradise Unpaved The Experience Economy that memory itself becomes the product can we go backwards and keep experience? Cottage Foods and Farm to Fork 53

57 All Five Senses our brand must identify us in each and every way we communicate The Ohio Direct Marketing Team Opportunities: Displays, Stands, Farmsteads The Ohio Direct Marketing Team Reading Your Image: basic improvements Cottage Foods and Farm to Fork 54

58 The Ohio Direct Marketing Team Opportunities: Evaluating Your Brand Reading Your Image Go home and do this! Ask a close friend who will be honest Keep doing it Use it Your image from the road Beautiful, right? But, right for the business? 1. Name of this business? 2. What are they selling? 3. A picture site for families? 4. What s hiding behind this? Cottage Foods and Farm to Fork 55

59 Reading my Image 1. What is the Wow I see from the road? (or from the end of the isle at the farmers market) 2. First thing I see as I pull up/walk up 3. Number of times my logo is visible before entering the store/getting close to the stand: 4. First friendly hello how quick does this occur? What were employees wearing? 5. Were prices visible? Did displays draw attention? 6. How many purchasing ideas (or bundling) before getting to the register? 7. Most memorable part of the visit? 8. Most memorable item for sale you noticed? Cottage Foods and Farm to Fork 56

60 The Ohio Direct Marketing Team Buy-In from staff/family: Training Hiring or Family or Friends One person with passion is better than forty people merely interested." E. M. Forster Training Training materials should match marketing materials (brand) Mix in the reasoning Answer the tough questions Get the conversation started Cottage Foods and Farm to Fork 57

61 If you build it they will buy! Relationships not baseball diamonds Relationships! Part 1: Fundamental Techniques in Handling People Part 2: Six ways to make people like you Part 3: Win people to your way of thinking Part 4: Be a Leader: How to Change People Without Giving Offense The person behind the table affects relationships Front line difficult on busy days What s in season? What does this taste like? How long will you have this? Do employees act positive or frustrated? Who s fault? Cottage Foods and Farm to Fork 58

62 Too often we avoid Start the relationship: 1. Initiate the greeting 2. Engage without confronting 3. Answer questions 4. Promote products Only thing to avoid: YES or NO questions! Passion & New Information Translate this into: Mission Brand Marketing Utilize these to: Train employees You will: Generate customers Create sales & loyalty The Ohio Direct Marketing Team Eric Barrett Ohio State University Extension Handouts: Cottage Foods and Farm to Fork 59

63 Developing and Growing a Brand 1 Branding 1. Create a brand a. Farm Name choose something simple can be family name or existing name. Stick with ONE name and use the same one i.e. Smith Family Farms or Smith Farm or Smith Farm Market don t use all CHOOSE ONE! b. Logo/Brand Mark i. Choose a simple graphic/picture or way of writing your name to serve as your logo. This will be the picture that customers remember time and time again. If you choose a graphic/picture the more simple the better. ii. THUS Use the same font or handwriting each time. iii. SAME iv. SAME v. Repetition is how your customers remember you! 2. Use the brand to create an image a. Quality Products Don t sell it if it doesn t meet the standard your customers expect. If it is lower quality sell it as so or don t sell it at all. b. Customer Service Meet these standards based on who your customer is: i. Timeliness Never promise a product if you can t deliver on time. Always be on time to deliver. ii. Quantity Ask them when they need a product change or stagger your growing season to meet their needs. iii. Personal touches Explain you are a family farm and appreciate their business. Call on them but don t bug them. iv. Other?? Now that you have an image let s promote it! 1. Use the brand to market yourselves a. Use the logo/brand mark on everything from flyers to business cards to your product boxes/bags. A stamp is easy to get and can be a good way to get your name out there. b. Post auction members logos at the auction site (Pride ) 2. Use the brand to attract buyers a. Use the logo/brand mark or collection of logos/brand marks on materials to market the auction to potential buyers. This gives you a professional appearance and shows you mean business. b. Meet one on one with potential buyers to discuss your available products. Sample products are always great! c. Besides list of products have a list of the why they should come to the auction. They are most interested in this: What s in it for me? If you can answer that for them they will come! d. Mail/ product availability to potential buyers each week. Make phone calls to specific buyers to invite them to come and tell them what is available. Call at least two days before auction. 1 Eric Barrett, Ohio State University Extension, barrett.90@osu.edu 1 Cottage Foods and Farm to Fork 60

64 My Brand Analyze your image through others 2 1. What is the Wow I see from the road? (or from the end of the isle at the farmers market) 2. First thing I see as I pull up/walk up 3. Number of times my logo is visible before entering the store/getting close to the stand: 4. First friendly hello how quick does this occur? What were employees wearing? 5. Were prices visible and did displays draw attention? 6. How many purchasing ideas (or bundling) before getting to the register? 7. Most memorable part of the visit? 8. Most memorable item for sale you noticed? There are no correct answers, only answers that will make the business owner and staff think about improving their ability to retail products. Use to compare the shop to mass merchants and other retailers you see doing it right! 2 Eric Barrett, Ohio State University Extension, barrett.90@osu.edu 2 Cottage Foods and Farm to Fork 61

65 Action items to improve the brand on my farm: Cottage Foods and Farm to Fork 62

66 INSTRUCTIONS to complete the previous page s worksheet: Pick managers, staff, friends and others. Simply ask them to drive into the business with the intent of truthfully answering the questions. Using a non frequenting friend/relative will help you see the business through a different pair of glasses. Have them complete this once a week the month before your busy season and then on through your busiest times. Follow up notes: 1. Do a quick interview with the person completing the worksheet. 2. Use this page to write down the three ideas or problems they bring to light. 3. Make changes to your image through staff meetings, allowing staff to give input on the way to correct the perceived problem. 4. Be sure to do this in the off season so you know what people think your business looks like when you are slow/closed. 5. Implement at least one marketing ideas each month based on input. 4 Cottage Foods and Farm to Fork 63

67 Creating Great Signage For Direct Marketing Eric Barrett OSU Extension Signage is CRAZY Important! The BIG GUYS Are using farm style Cottage Foods and Farm to Fork 64

68 Signage is Help in Busy Times When the line is long and the bottom line depends on it! Consistent Communication When training might fail When confusion might occur When prices change often Cottage Foods and Farm to Fork 65

69 the Answer to Questions What is it? Who are you? What does your farm value? a Problem Solver How much should I buy? How do customers get in line? Is it cheaper for a quart? Do you take credit cards? Can I buy less than a dozen? Through several selling tactics: Income We re out of the most expensive one If you would have come earlier Cottage Foods and Farm to Fork 66

70 LOOK Everywhere! For ideas and inspiration Signage evolves and gets dated Customers look for new things Signage is one of these Change something every year Update your look every five years Get New Ideas Everywhere Not just other farms High End Grocery Retailers when your target market shops! What works? Cottage Foods and Farm to Fork 67

71 Simplify Signage: Four Categories Roadside & Welcoming On the side of the barn, or end of drive The banner we hang at the farmers market or at an event we sponsor. Cottage Foods and Farm to Fork 68

72 Directional & Informational Tell your customers what to do or where something is located Please wash hands or this way to the berry patch or No smokin, Purdy Please signs. Product / Produce Small, but actually making sales Often neglected and left until the last minute Can be made simply with common items Cottage Foods and Farm to Fork 69

73 Fun & Thankful At exits stating, Thanks for visiting our Family Farm or Come Back Again Soon At farms or markets who hold activities where there are signs in which you can put your face and take a photo Cottage Foods and Farm to Fork 70

74 Choosing A Canvas Do s & Don ts Plywood Great for entrance signs and fun signs Primer and outdoor paint Don t absorb water: paint sides & back ¾ inch so it will not warp Cardboard Don ts Just use a pen Do it with out a plan Give it a country feel Use your best artist / writer Pre cut to specific sizes Prep for market days, prices blank Tools Black markers Tempra paint? Cottage Foods and Farm to Fork 71

75 Chalkboards Again, great handwriting Large chalkboards at a farm market can be great and creative. Easily wiped off Lots of water around produce! Pricing errors Sometimes difficult to read Paper & Lamination Paper Focus on folds from 8.5 x11 Color paper? Matches brand? Thickness Printers Laser! Ink jet printer ink runs Lamination Solves some problems Write on to change prices And Everything Else! Cottage Foods and Farm to Fork 72

76 Planning the Look 10 Guiding Principles 1. Use Branding For Consistency Should be identifiable to your farm Just like livestock out west are branded Beyond the main farm sign Logo on nearly every sign Smallest signs at least: Use the color scheme Match consistency 2. Keep it Short & Simple Nobody reads everything Short, but not texting No jargon As short as possible for quick reading Cottage Foods and Farm to Fork 73

77 3. Have some White Space. Cluttered signage can send confusing messages Just the price? Detail in small print Lots of words are clutter Lots of pictures are clutter Logo and a slogan should be enough Leave space for a clean image 4. Use Correct Letter Sizing & Shape Road signs are read at faster speeds Small signs should not require reading glasses Signage should use sans serif fonts Without flags on the tips of letters Clean, crisp font not fancy! Do not mix fonts DO NOT USE A LOT OF CAPITAL LETTERS 5. Ensure Contrast Black on white is easier to read than black on grey. Black on white has more contrast. This is why white on red works for many farms: high contrast. Colors Match the farm s brand Easily read by customers. Cottage Foods and Farm to Fork 74

78 6. Generate Ideas Get customers thinking about buying: Prep and blanch, then leave in the fridge for up to four days. Sauté when needed. No more soggy, limp broccoli! Broccoli $1.60/lb. Beautiful golden yellow interior is delicious in salads try them cooked with feta cheese, cucumber slides and your favorite vinaigrette, all on a bed of greens. Golden Beets $2.00/bunch. How do you use it? 7. Promote Action The common ones: Price/Dozen, ½ dozen BOGO 2 for $x.xx Make staples into necessities: Potatoes: A starchy staple with endless possibilities This simple sign makes customers think twice about not needing to buying potatoes. 8. Be Positive in a Creative Way None of us like the word no. Come up with a friendlier version Make it funny, yet informative Four Legged Friends Only vs Do not enter Be creative Cottage Foods and Farm to Fork 75

79 9. Show Your Passion Just like you remember from childhood: Sweet corn, 5 for $2. Show who you are Nostalgia Organic OR Sustainable IPM What is your passion? 10. Be Understood You are not your customer Create a sketch first Get feedback Family, Staff, Friends Have them explain the sign back to you Save you from remaking a sign which sends the wrong message. Cottage Foods and Farm to Fork 76

80 Implementation Who will be the artist? Painting / Writing / Printing All have the same level of importance Friend, staff, neighbor? Do they understand our brand? Who manages artist? Brand, logo on everything Consistency The Professionals! The Roadside & Welcoming Capability to do this at the farm? Know how, time Cost? How to hire Communication Mock up drawing, bid References Build a long term relationship Cottage Foods and Farm to Fork 77

81 If you are going to DIY Don t go cheap on materials Don t wait till last minute Make sure it s quality! Want a Copy? Handout References & Sources The Communicator s Handbook, Agricultural Communicators in Education (ACE). USDA Extension. Washington, D.C. Rob Leeds, Christie Leeds & Hal Kneen, OSU Extension Cottage Foods and Farm to Fork 78

82 A.B. 200 ASSEMBLY BILL NO. 200 ASSEMBLYMEN HARDY, GRADY, CARLTON, HICKEY, OSCARSON; KIRNER, LIVERMORE AND WHEELER MARCH 4, 2013 JOINT SPONSORS: SENATORS HARDY; AND CEGAVSKE Referred to Committee on Health and Human Services SUMMARY Revises provisions relating to food establishments. (BDR ) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to food establishments; revising the definition of food establishment for purposes of provisions regulating such establishments; and providing other matters properly relating thereto Legislative Counsel s Digest: Existing law requires a person to obtain a permit to operate a food establishment and to comply with various other requirements in the operation of the food establishment. (NRS ) Existing law defines the term food establishment for those purposes and specifically excludes certain entities from the definition, including private homes where the food that is prepared or manufactured in the home is not provided for compensation or other consideration of any kind. (NRS ) Section 5 of this bill adds to the list of entities that are excluded from the definition of food establishment a farm holding a farm-to-fork event. Section 2 of this bill defines the term farm-to-fork event as an event where prepared food from a farm is provided for immediate consumption by paying guests at the farm. Section 3 of this bill authorizes a farm to hold a farm-to-fork event provided that: (1) any meat or poultry served is raised and prepared on the farm, and is butchered and processed on the farm pursuant to certain permit and inspection requirements of NRS; (2) other food items served are prepared from ingredients substantially produced on the farm; and (3) each guest is provided with and acknowledges receipt of a notice which states that no inspection was conducted by a state or local health department of the farm or the food to be consumed, except as to the butchering and processing of the meat or poultry. Section 5 also adds to the list of - *AB200* Cottage Foods and Farm to Fork 79

83 entities that are excluded from the definition of food establishment a farm that manufactures or prepares certain food items for sale or which offers or displays for sale or serves those food items under certain circumstances. Section 4 of this bill specifies which food items qualify a farm for that exemption. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 446 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act. Sec. 2. Farm-to-fork event means an event organized on a farm where prepared food is provided for immediate consumption to paying guests and that meets the requirements of section 3 of this act. Sec A farm is not a food establishment for purposes of holding a farm-to-fork event provided that: (a) Any poultry and meat, including, without limitation, meat from a rabbit, that is served at the farm-to-fork event is raised and prepared on the farm and is butchered and processed on the farm pursuant to the requirements of chapter 583 of NRS; and (b) Any other food item that is served at the farm-to-fork event, including, without limitation, salads, side dishes and desserts, are prepared on the farm from ingredients that are substantially produced on the farm. 2. A farm which holds a farm-to-fork event pursuant to this section shall: (a) Before a guest consumes any food, provide each guest with a notice which states that no inspection was conducted by a state or local health department of the farm or the food to be consumed, except as otherwise provided in subsection 1; and (b) Obtain from each guest a signed acknowledgment of receipt of the notice. Sec A farm which manufactures or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a food establishment pursuant to paragraph (h) of subsection 2 of NRS if each such food item is: (a) Made substantially from ingredients that were grown or produced on the farm; (b) Sold at the farm or at a farmers market licensed pursuant to chapter 244 or 268 of NRS; (c) Sold to a natural person for his or her consumption and not for resale; (d) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. 343(w) and 9 C.F.R. - *AB200* Cottage Foods and Farm to Fork 80

84 Part 317 and 21 C.F.R. Part 101 and which has been approved by the health authority if the food item is sold at a farmers market; (e) Labeled with NOT FOR RESALE - PROCESSED AND PREPARED IN A FACILITY WHICH DOES NOT HAVE A PERMIT AND WHICH HAS NOT BEEN INSPECTED BY A STATE OR COUNTY HEALTH AUTHORITY printed prominently on the label for the food item; (f) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers; and (g) Prepared and processed without the use of any special process, including, without limitation: (1) Preservation by means of smoking, curing, dehydration or the addition of preservatives; (2) Reduced oxygen packaging, including, without limitation, the cook-chill or sous vide processes; or (3) Pressure canning of food with a ph of less than As used in this section: (a) Farm means land: (1) Used for an agricultural purpose, including, without limitation, the production of crops and the on-site storage, preparation and sale of agricultural products principally produced on the land; and (2) From which $10,000 or more of agricultural products are produced and sold each year. (b) Food item means: (1) Nuts and nut mixes; (2) Candies; (3) Jams, jellies and preserves; (4) Vinegar and flavored vinegar; (5) Dry herbs and seasoning mixes; or (6) Baked goods that: (I) Are not potentially hazardous foods; (II) Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes, fillings or frostings with low sugar content; and (III) Do not require time or temperature controls for safety. Sec. 5. NRS is hereby amended to read as follows: Except as otherwise limited by subsection 2, food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served. - *AB200* Cottage Foods and Farm to Fork 81

85 The term does not include: (a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind; (b) Fraternal or social clubhouses at which attendance is limited to members of the club; (c) Vehicles operated by common carriers engaged in interstate commerce; (d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public; (e) Any establishment where animals are slaughtered which is regulated and inspected by the State Department of Agriculture; (f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS; [or] (g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers [.] ; (h) A farm that meets the requirements of section 4 of this act with respect to food items as defined in that section; or (i) A farm for purposes of holding a farm-to-fork event. Sec. 6. This act becomes effective on July 1, H - *AB200* Cottage Foods and Farm to Fork 82

86 Food Establishment Plan Review Farm-to-Fork Operation Registration In May, 2013, the Nevada Legislature passed, and the Governor signed, the Farm-to-Fork Bill (AB 200 PDF 136KB), exempting certain farm-to-fork events as food establishments as defined in NRS 446. The law language is filed under Nevada Revised Statutes (NRS) Chapter 446 and became effective July 1, Farm-to-fork events, as allowed by AB200, are defined as events organized on a farm where prepared food is provided for immediate consumption to paying guests and that meets the requirements of section three of the act. Section 3.5 of the act requires the operators of a farm wishing to host farm-to-fork events to register with the health authority. In Clark County the Southern Nevada Health District is the health authority. An application PDF 643KB must be completed as part of this registration process. The application will receive administrative review and will be approved and accepted based on compliance with the requirements of the act. No fees will be charged for this registration program. It is highly recommended that applicants educate themselves in regard to safe food handling principles and practices. According to AB200, the operators of a farm-to-fork event may be held financially responsible for the cost of the complaint and/or food borne illness investigation, if found to be valid. Visit the Food Safety Training webpage to complete the optional food safety training. A fee of $20 applies. The health district will evaluate the registration application package submitted for compliance with the following items as required by AB200: A farm-to-fork event must occur on the premises of a farm, and be sponsored by the farm owner or operator; Components/ingredients of the meal must be substantially produced on the farm, and may include produce and meat from poultry and rabbit raised and slaughtered on the farm; A consumer advisory must be provided to customers before consumption of the meal stating that No inspection was conducted by a state or local health department of the farm or the food to be consumed ; Once approved, the registration will be finalized and entered into the database. A formal letter will be sent advising the applicant that the farm-to-fork event is Cottage Foods and Farm to Fork 83

87 registered. No further correspondence will be sent and fees will be due unless a complaint regarding illness, injury, or adulterated food is received. A farm which holds more than two events in any month that would otherwise qualify as farm-tofork events becomes a food establishment for the remainder of that calendar year and is subject to all of the requirements of this chapter and any regulations adopted pursuant thereto concerning food establishments. If a complaint regarding illness, injury or adulterated food is received, an investigation will be conducted and determination made as to the validity of the complaint. If a complaint is confirmed, a confirmed complaint fee will be charged. In addition, if a full epidemiological investigation is conducted in due to a food borne illness compliant, the actual cost to the public for the investigation will be calculated and charged to the farm owners. Cottage Foods and Farm to Fork 84

88 Farm to Fork Operation Registration Application Instructions Print the PDF application and complete with a dark colored pen. Print in all fields except where a signature or initial is requested. Submit completed application: In person call (702) to schedule an appointment. By fax to (702) By mail to Southern Nevada Health District, EH Plan Review, P.O. Box 3902, Las Vegas, NV By to FoodRev@snhdmail.org. Note: The completed form must be scanned and ed as a PDF or JPG file. Cottage Foods and Farm to Fork 85

89 330 S. Valley View Blvd. P.O. BOX 3902, Las Vegas NV FARM-TO-FORK OPERATION REGISTRATION APPLICATION BUSINESS INFORMATION (DBA) BUSINESS NAME: (DBA) BUSINESS ADDRESS: (STREET, CITY, STATE, ZIP CODE) NUMBER OF PLANNED EVENTS for the YEAR: TO (MAX 12/Calendar Year) BUSINESS CONTACT INFORMATION: (PHONE NUMBER AND ADDRESS) OWNER NAME AND ADDRESS: (STREET, CITY, STATE, ZIP CODE) FARM-TO-FORK EVENT I, (PRINT) AM REGISTERING AS A FARM-TO-FORK EVENT OPERATION WHICH IS EXEMPT FROM THE REQUIRMENT FOR A HEALTH PERMIT PURSUANT TO NRS 446, AND I AFFIRM AND ATTEST THAT THE FOLLOWING ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. PLEASE READ AND INITIAL THE FOLLOWING: I UNDERSTAND THAT INSPECTIONS WILL NOT BE CONDUCTED AND THAT I WILL BE SOLELY AND FULLY REPSONSIBLE FOR THE SAFETY OF THE FOOD PRODUCT SOLD AT/FROM THIS FARM-TO-FORK EVENT OPERATION. (INT.) I UNDERSTAND THAT I WILL BE FINANCIALLY LIABLE FOR ANY FEES AND/OR COSTS INCURED BY THE HEALTH AUTHORITY IN REGARD TO ANY INVESTIGATION OF FOOD ADULTERATION OR FOODBORNE ILLNESS COMPLAINTS FILED AGAINST MY FARM-TO-FORK EVENT OPERATION AND FOUND TO BE VALID. (INT.) I UNDERSTAND THAT FARM-TO-FORK EVENT OPERATIONS FOUND TO BE IN VIOLATION OF THE FARK-TO-FORK LAW WILL BE ISSUED AN ORDER TO CEASE AND DESIST FOOD OPERATIONS. (INT.) I UNDERSTAND I MUST PROVIDE A NOTICE TO EACH GUEST WHICH STATES THAT NO INSPECTION WAS CONDUCTED BY A STATE OR LOCAL HEALTH DEPARTMENT OF THE FARM OR THE FOOD TO BE CONSUMED FOR EACH FARM-TO-FORK EVENT. (INT.) I UNDERSTAND THAT I MAY ONLY HOLD TWO (2) FARM-TO-FORK EVENTS PER MONTH UNDER EXEMPT STATUS, AND MORE THAN TWO EVENTS IN ANY MONTH WILL REQUIRE THAT A HEALTH PERMIT BE APPLIED FOR AND OBTAINED FOR THE CALENDAR YEAR (INT.) I UNDERSTAND THAT FARM-TO-FORK EVENT OPERATIONS ARE LIMITED TO PRODUCE AND LIVESTOCK GROWN ON THE FARM, WITH LIVESTOCK LIMITED TO MEAT FROM POULTRY AND RABBIT. (INT.) OWNER S SIGNATURE: DATE: OFFICE USE ONLY: [ ] APPLICATION IS APPROVED [ ] APPLICATION IS NOT APPROVED Cottage Foods and Farm to Fork Page 1 of 1 DATE: 86