NRS 446.923
Authority of health authority to require food processing establishment to have food tested in certain circumstances

  • requirements of such test
  • period for retention of records of tests
  • reporting of test results.

1.

Except as otherwise provided in this subsection, whenever the health authority determines there are reasonable grounds to suspect that the food processed or otherwise prepared by a food processing establishment may constitute a substantial health hazard, the health authority may require that the food processing establishment have its food tested for the presence of contaminants typically associated with the suspected health hazard. When carrying out the provisions of this subsection, the health authority shall comply with the Federal Food Safety Modernization Act, 21 U.S.C. 2201, et seq., and any regulations adopted pursuant thereto. The provisions of this subsection do not apply to the extent that a food processing establishment is under investigation for the same purpose pursuant to federal law.

2.

If the health authority requires pursuant to subsection 1 that the food processed or otherwise prepared by a food processing establishment be tested:

(a)

The food processing establishment:

(1)

Is responsible for the cost of the testing; and

(2)

May perform such testing itself or cause the testing to be performed by a third party.

(b)

The testing must be conducted in a manner that is consistent with nationally recognized laboratory standards.

3.

Records of the results of any tests conducted pursuant to this section must be retained by the food processing establishment to which the tests pertain for a period of not less than 2 years. The food processing establishment shall, upon request, make those records available to the health authority for its review.

4.

If testing required pursuant to subsection 1 indicates that the food processed or otherwise prepared by a food processing establishment is contaminated, the person or entity that conducted the testing shall, within 24 hours after obtaining the test results, report those test results to the health authority.

Source: Section 446.923 — Authority of health authority to require food processing establishment to have food tested in certain circumstances; requirements of such test; period for retention of records of tests; reporting of test results., https://www.­leg.­state.­nv.­us/NRS/NRS-446.­html#NRS446Sec923.

446.017
“Food” defined. 446.020
“Food establishment” defined. 446.030
“Food handler” defined. 446.035
“Food processing establishment” defined. 446.050
“Health authority” defined. 446.053
“Misbranded” defined. 446.057
“Potentially hazardous food” defined. 446.067
“Temporary food establishment” defined. 446.069
“Wholesome” defined. 446.0145
“Farm-to-fork event” defined. 446.841
Use of sawdust on floors in retail meat, poultry and fish markets. 446.842
Food establishments which sell alcoholic beverages for consumption on premises required to post signs concerning birth defects 446.846
Certain employees of food establishments required to wear hair net or other suitable covering to confine hair. 446.865
Compliance with chapter 446.866
Exemption from certain requirements 446.868
Exemption from certain requirements 446.869
Registration 446.870
Prohibited acts: Operation of food establishment without valid permit issued by health authority 446.872
Prohibited acts: Selling flesh of diseased animal 446.875
Issuance of permit. 446.877
License of any licensing authority must not be issued until permit issued by health authority 446.880
Suspension or revocation of permit 446.883
Revocation of city or county business license if permit issued by health authority revoked. 446.885
Inspection of food establishment. 446.890
Access to food establishment 446.895
Issuance of notice. 446.900
Service of notice. 446.920
Examination and condemnation of food. 446.923
Authority of health authority to require food processing establishment to have food tested in certain circumstances 446.925
Food establishment outside jurisdiction of health authority. 446.930
Review of plan for construction or remodeling of food establishment. 446.935
Procedure if infection of food handler is suspected. 446.940
Enforcement. 446.941
Inapplicability of certain regulations to child care facilities with limited menus. 446.942
Restriction on adoption of regulations concerning construction, maintenance, operation or safety of building, structure or other property. 446.943
Prosecution by district attorney. 446.945
Penalties.
Last Updated

Feb. 5, 2021

§ 446.923’s source at nv​.us