Nevada Revised Statutes
Chapter 446 - Food Establishments
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.
(Added to NRS by 2011, 1022)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 446 - Food Establishments

NRS 446.0145 - "Farm-to-fork event" defined.

NRS 446.017 - "Food" 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 446.842 - Food establishments which sell alcoholic beverages for consumption on premises required to post signs concerning birth defects; exception.

NRS 446.844 - Purchase and use of hemp by operator of food establishment at which food is not prepared or served for immediate consumption. [Effective January 1, 2022.]

NRS 446.846 - Certain employees of food establishments required to wear hair net or other suitable covering to confine hair.

NRS 446.865 - Compliance with chapter; powers of health authority.

NRS 446.866 - Exemption from certain requirements; certain local governing bodies prevented from prohibiting cottage food operations; registration; fee; inspection.

NRS 446.868 - Exemption from certain requirements; notice to guests.

NRS 446.869 - Registration; fees; inspection.

NRS 446.870 - Prohibited acts: Operation of food establishment without valid permit issued by health authority; sale, offer or display for consideration of food prepared in private home without valid permit issued by health authority; exemptions.

NRS 446.872 - Prohibited acts: Selling flesh of diseased animal; selling container containing shellfish without approved stamp.

NRS 446.875 - Issuance of permit.

NRS 446.877 - License of any licensing authority must not be issued until permit issued by health authority; exception.

NRS 446.880 - Suspension or revocation of permit; reinstatement of suspended permit; hearing.

NRS 446.883 - Revocation of city or county business license if permit issued by health authority revoked.

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 446.923 - 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.

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 446.940 - Enforcement.

NRS 446.941 - Inapplicability of certain regulations to child care facilities with limited menus.

NRS 446.942 - Restriction on adoption of regulations concerning construction, maintenance, operation or safety of building, structure or other property.

NRS 446.943 - Prosecution by district attorney.

NRS 446.945 - Penalties.