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Nevada Can you legally sell food from home in Nevada?

Cottage Food Law

Nevada’s cottage food law (SB 206) allows many different types of food products to be sold, but it is restricted in most other ways. Cottage food operators must make all of their sales in-person, and they are limited to $35,000 of sales per year.

There are four health districts that register cottage food operations in the state. Before an operation can sell in a region, they must be registered with that region’s health district. Some districts charge for registration, while others offer it for free.

Selling Where can you sell homemade food products?

Internet or phone sales are only allowed when the product gets exchanged in-person.

You may offer food samples at events, but they must be prepared in individual, closed, disposable containers at your home, and the samples may only be opened by the consumer. If you want to offer samples in an open container, then you need to get a temporary food permit.

You can sell anywhere in the state, but you must get registered in districts that are outside your own if you sell there. See the business section for more details.

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Allowed Foods What food products can you sell from home?

Baked doughnuts are also allowed. Some types of drinks made from dry mixes are allowed, like iced tea or Kool-Aid.

Jams, jellies, and other preserves cannot contain vegetables. Home-canned goods cannot not be used in any of your products.

Flavored vinegars have some special requirements.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

Sales are limited to $35,000 per year

Business What do you need to do to sell food from home?

Registration

You must register with the health department in your district. There are four districts: Southern NevadaWashoe County (FAQs), Carson City, and everywhere else. To sell in every part of the state, you would need to register in all four districts.

Registration in most counties is free, but some have a fee — for example, in Clark County, the fee is $160.

Temporary Health Permit

If you want to offer samples at an event, you may need to get a temporary health permit from your environmental health department. However, if you pre-portion and package samples at home for customers to open themselves, you do not need a temporary health permit.

Even though it is not required, the health department encourages CFOs to get some form of food safety training.

Labeling How do you label cottage food products?

Sample Label

Chocolate Chip Cookies

"MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION"


Forrager Cookie Company

123 Chewy Way, Cookietown, NV 73531


Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)


Contains: milk, eggs, wheat, soy


NET WT 2 lb 4 oz (1.02 kg)


Workplace Are there any home kitchen requirements?

In addition to the home, some health departments may also allow food to be prepared in other kitchens, like those in colleges, churches, and some non-profit organizations.

Resources Where can you find more information about this law?

Contacts
Department
Nevada Division of Public and Behavioral Health
Employee
Robert Stulac
Email
bstulac@health.nv.gov
Telephone
(775) 687-7532
Fax
(775) 687-7551
Address
4150 Technology Way, Ste 101
Carson City, NV 89706
Law Dates
July 2013
SB 206

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Nevada Forum Got questions? Join the discussion

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Comments

Thanks for all the great information. This tells me that I will qualify for the Cottage Law status and I can go to the Health Dept. with this information. I have been there twice trying to get the scoop on how to proceed and they never once mentioned the Cottage Law even after I described what I was trying to do!

    Barbara, I know it’s frustrating. This law is so new that they might be unaware of its existence. Or maybe they just don’t agree with it. Either way, it sounds like you should be able to move forward with your business.

Does homemade pet food fall into this category at all? I make soft cat food for my cats with a recipe from a veterinarian & would like to be able to sell it.

    Almost certainly not. Pet food falls under different regulation than people food, for some reason. I’ve seen many states say they disallow pet food, many states say they aren’t sure, and no state (that I’ve seen) says they allow it. But it’s really up to you health department to decide — don’t be surprised if they don’t know.
    By the way, I probably should mention that if your cat food recipe has meat in it, then it wouldn’t be allowed regardless.

    Hmmm, I can’t say for sure, but I’m almost positive it would be okay. Cottage food laws usually list tea if they allow it, but Nevada’s law doesn’t list it. However, Nevada allows most shelf-stable foods, and dry tea definitely falls into that category. You could check with your county when you register.

I am SO excited about this law passing! I am an avid home baker who loves to share what I make with family and friends, and the opportunity to make a little extra cash is so exciting. The big question though, is whether it will be worth it to pay all the fees associated with farmers market booths, etc AND overhead and only be able to sell $35,000 in a year…

    Well you can’t know unless you try! I can say, though, that some counties in California have pretty high fees, but almost all of the cottage food operations I’ve met were able to recuperate their expenses within the first couple months. There is such a huge demand right now for local, healthy foods. And once you hit the sales limit, that’s supposed to give you enough of a head start to go commercial.

I’m this with interest. I just have a few concerns: How would a home cook determine caloric count, serving size and nutritional content? I get that on the ingredient list we would list the ingredients from most to least and in the event that our ingredients we list those in parentheses. For example I make jams I would list my fruit, sweetner (sugar or honey) and then my pectin which would include their list of ingredients in parentheses. Also, the $35000 per year, is that PROFIT, sales subtract ingredient costs, or just sales?

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