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Ex. DUT-NV-010 Standing duty Primary source read

Nevada Revised Statutes chapter 446 (Food Establishments), as in force in 2020-2021 (Wayback Machine capture of the Legislature's chapter page, June 9, 2021), NRS 446.880, 446.935, 446.940, 446.945

NRS Chapter 446 - Food Establishments (chapter page as published by the Nevada Legislature, archived June 9, 2021)

Nevada Legislature; enforced by the health authority (the Southern Nevada Health District, the Washoe County Health District, the Carson City Health and Human Services Department and the Division of Public and Behavioral Health) · Nevada (State)

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The record

Jurisdiction
Nevada
Level
State
Authority
Nev. Const. art. 4, s. 1; Stats. 1963, ch. 384; NRS 446.940 (State Board of Health regulations)
Effective
standing law in force throughout 2020 Q2 to 2021 Q3
End
standing (through the quarters; NRS 446.880, 446.935, 446.940 and 446.945 repealed 2025) (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: permit holders and operators of food establishments; food handlers
Character
sanitary code duty
Collection
Standing duties: Nevada DUT-NV

Operative words

The health authority may require any or all of the following measures: (a) The immediate exclusion of the food handler from all food establishments. (b) The immediate closure of the food establishment concerned until, in the opinion of the health authority, no further danger of disease outbreak exists.

Penalty

NRS 446.945: 'any person who violates any of the provisions of this chapter is guilty of a misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation'; NRS 446.880: temporary suspension of permit; NRS 446.883: revocation of city or county business license where the health permit is revoked

What it required

Every food establishment (restaurants, bars serving food, grocery and food-service operations in every industry) held its permit on condition of compliance with the chapter and the Board's regulations; the health authority could, on 'reasonable cause to suspect the possibility of disease transmission from any food handler,' order the handler's immediate exclusion and the establishment's immediate closure, could issue a written order 'without warning, notice or hearing' for any condition constituting 'a substantial hazard to the public health' and suspend the permit, and any person violating the chapter was guilty of a misdemeanor, each day a separate violation.

Retrieval note

NRS 446.880(3) (2021 text): 'Whenever the health authority finds an insanitary or other condition in the operation of a food establishment which, in the judgment of the health authority, constitutes a substantial hazard to the public health, the health authority may without warning, notice or hearing issue a written order to the permit holder or operator citing the condition, specifying the corrective action to be taken, and specifying the time within which the action must be taken.' NRS 446.940(1): the chapter 'must be enforced by the health authority in accordance with regulations... adopted by the State Board of Health'; 446.940(2): a local board of health may adopt regulations to carry out the chapter (the Southern Nevada Health District Food Regulations and Washoe County District Board of Health Food Regulations rest on this section and NRS 439.366). The live chapter page (2025) shows these sections as repealed; the exhibit is the archived text in force during the quarters. Renders at about 12 pages.