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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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Comments

I see that pickles are a no no with this law, so I am assuming pickled eggs are also a no go. Do you happen to know what licenses one would need to sell suchan item, especially in a store. Thanks in advance!

I see that online sales are prohibited, but what does that mean for online bakeries? Other than needing to deliver everything in person, that is

Hi! I am looking to start a bakery under cottage food law. I live in Clark County. I see that I have to register with the health department. Is there no other form of registering the business required? I want to reserve an entity name so that no one else can use my business name but it wanted to know if I wanted to register as an LLC or a corporation and said it did not allow reservations for sole proprietor businesess…as a cottage food operation do I have the options to form an LLC or am I automatically a sole proprietor or none of the above since it’s a different type of business? Basically I want to make sure that I have the rights to my business name as it is unique and is not being used by anybody else right now…thank you for your time

    It looks like, at the very least, you’d need to get a business license. You should be able to register your name with a DBA when you get your business license, and nobody else in your area will be able to use that name. If you create an LLC, nobody else in the state can use the name for a corporation, though I think someone could still use the name through a DBA/sole proprietorship. The only way to truly protect a name is to trademark it, but I would definitely wait until you are very successful and growing significantly before doing that.

    Thanks! That is ONLY if I want to protect the name though? I don’t see anything about a business license under “business” here on the site, and web searches have proben futile lol. I live in Henderson/Southern Nevada. So all i should need to get startted is the registering with the health department?

    It’s too complicated to try to cover all of the business requirements for each business, as they’re highly dependent on area and other factors. The business section above isn’t comprehensive, and it’s probable that you do need to get a business license in order to run a business in your area. http://forrager.com/faq/#starting

how do i go about selling cupcakes from my home? what paper work do i need? can someone help point me in the right direction? thank you in advance

    This page details the basics of how to go about selling cupcakes from home. If you’ve read that info and the links in the Resources section, are they any more specific questions you have?

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