1. A cottage food operation which manufactures or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a food establishment pursuant to paragraph (i) of subsection 2 of NRS 580.050 if each such food item is: (a) Sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer, including, without limitation, a farmers market licensed pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church bazaar, garage sale or craft fair, by means of an in-person transaction or a transaction by telephone or via the Internet. A sale made pursuant to this paragraph may be fulfilled in person, by mail or through a food delivery service platform, as defined in NRS 597.7627 . (b) Sold to a natural person for his or her consumption and not for resale. (c) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101. (d) Labeled with MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION printed prominently on the label for the food item. (e) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers. (f) Prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item or, if allowed by the Department, in a kitchen that is not otherwise required by law to be inspected for the purposes of preparing a food item. 2. A person shall not conduct a cottage food operation unless the person holds a license issued pursuant to subsection 3. 3. A natural person who wishes to obtain a license to conduct a cottage food operation must submit to the Department an application on a form prescribed by the Director. The application must include, without limitation: (a) The name, address and contact information of the natural person conducting the cottage food operation; and (b) If the cottage cosmetics operation sells food items under a name other than the name of the natural person who conducts the cottage food operation, the name under which the cottage food operation sells food items. 4. The Department may charge a fee for the issuance or renewal of a license to conduct a cottage food operation pursuant to subsection 3 in an amount not to exceed the actual cost of the Department to issue and renew a license and maintain the registry required by subsection 7. 5. The Department may inspect a cottage food operation only to investigate a food item that may be deemed to be adulterated or misbranded pursuant to NRS 585.300 to 585.360 , inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item. The cottage food operation shall cooperate with the Department in any such inspection. If, as a result of such inspection, the Department determines that the cottage food operation has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the Department may charge and collect from the cottage food operation a fee in an amount that does not exceed the actual cost of the Department to conduct the investigation. 6. Beginning with Fiscal Year 2026-2027, the amount of gross sales of a cottage food operation specified in subsection 2 of NRS 585.710 must be adjusted for each fiscal year by the Department by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) published by the United States Department of Labor from July 2025 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall publish the adjusted amount on the Internet website of the Department on or before September 30 of each year. 7. The Department shall maintain a registry of each natural person who holds an active license to conduct a cottage food operation. The registry must include, without limitation, the name under which the cottage food operation sells food items.
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