1. Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in charge, place a hold order on any food which the health authority determines is or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded.
2. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority. Neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the health authority, except by order of a court of competent jurisdiction.
3. After the owner or person in charge has had a hearing as provided for in NRS 446.895, and on the basis of evidence produced at such hearing, or on the basis of his or her examination in the event a written request for a hearing is not received within 10 days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this chapter. Such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days.
(Added to NRS by 1963, 757; A 1969, 814)
Structure Nevada Revised Statutes
Chapter 446 - Food Establishments
NRS 446.0145 - "Farm-to-fork event" defined.
NRS 446.020 - "Food establishment" defined.
NRS 446.030 - "Food handler" defined.
NRS 446.035 - "Food processing establishment" defined.
NRS 446.050 - "Health authority" defined.
NRS 446.053 - "Misbranded" defined.
NRS 446.057 - Potentially hazardous food" defined.
NRS 446.067 - "Temporary food establishment" defined.
NRS 446.069 - "Wholesome" defined.
NRS 446.841 - Use of sawdust on floors in retail meat, poultry and fish markets.
NRS 446.865 - Compliance with chapter; powers of health authority.
NRS 446.868 - Exemption from certain requirements; notice to guests.
NRS 446.869 - Registration; fees; inspection.
NRS 446.875 - Issuance of permit.
NRS 446.880 - Suspension or revocation of permit; reinstatement of suspended permit; hearing.
NRS 446.885 - Inspection of food establishment.
NRS 446.890 - Access to food establishment; form for inspection report.
NRS 446.895 - Issuance of notice.
NRS 446.900 - Service of notice.
NRS 446.920 - Examination and condemnation of food.
NRS 446.925 - Food establishment outside jurisdiction of health authority.
NRS 446.930 - Review of plan for construction or remodeling of food establishment.
NRS 446.935 - Procedure if infection of food handler is suspected.
NRS 446.941 - Inapplicability of certain regulations to child care facilities with limited menus.