reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.140 - Public records; public registry

Current through June 11, 2024
1. A regulatory
			 agency shall consider the following to be public records that are open to
			 inspection and copying pursuant to the provisions of chapter 239 of NRS:
(a) All environmental audit
			 agreements.
(b) All information
			 relating to an environmental audit that is obtained by a regulatory agency,
			 whether or not such information is privileged and inadmissible in an
			 administrative proceeding or civil action against a regulated person pursuant
			 to
			 NRS
			 445C.110. The information described in this
			 paragraph includes, but is not limited to, all data, documents, reports,
			 results or schedules relating to an environmental audit that are submitted by a
			 regulated person to a regulatory agency.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.200 - Definitions

Current through June 11, 2024
As used in NAC 445C.200 to 445C.390, inclusive, unless the
				context otherwise requires:
1.
			 "Applicant" means an operator of a storage tank that is eligible and applies to
			 the Division for a grant pursuant to the provisions of NAC 445C.320 to
			 445C.380, inclusive.
2. "Board"
			 means the Board to Review Claims.
3. "Division" means the Division of
			 Environmental Protection of the State Department of Conservation and Natural
			 Resources.
4. "Fund" means the Fund
			 for Cleaning Up Discharges of Petroleum.
5. "Petroleum dispensing location" has the
			 meaning ascribed to it in
			 NRS
			 445C.310.
6. "Portable storage tank" means a storage
			 tank with a capacity of 60 gallons or more that is used above the ground and
			 may be moved without disassembly of the tank to more than one location for the
			 temporary storage of petroleum.
7.
			 "Recipient" means an applicant who receives a grant of money from the Division
			 pursuant to the provisions of NAC 445C.320 to 445C.380, inclusive.
8. "Registered storage tank" means a storage
			 tank operated by a person who is required to or who elects to register it for
			 coverage provided by the Fund.
9.
			 "Storage tank" has the meaning ascribed to it in NAC 445C.210.
10. "Upgrade" means the purchase and
			 installation of spill buckets, containment sumps and any other equipment
			 approved by the Division that is subject to periodic testing and may require
			 replacement to prevent a release to the environment.
(Added to NAC by Bd. to
				Review Claims, eff. 6-15-90; A 12-23-91; 1-22-96; R001-99, 11-19-99; A by Div.
				of Environmental Protec. by R226-05, 5-4-2006; A by Bd. to Review Claims by
				R032-17, 12-19-2017) - (Substituted in revision for NAC
				590.700)
NRS
				  445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.210 - Interpretation of certain statutory terms

Current through June 11, 2024
1. For the purposes
			 of NRS 445C.150  to 445C.410, inclusive, the Board interprets:
(a) "Costs for cleaning up" to mean any
			 expense of corrective action necessitated by a discharge from a storage tank.
			 The term does not include:
(1) The expense of
			 any bond posted to release a writ of attachment;
(2) Any expense incurred by an operator to
			 investigate or defend any claim or suit, except any such expense incurred at
			 the request of the Board;
(3) Any
			 expense taxed against the operator as costs of suit in a suit or administrative
			 proceeding;
(4) Any award of
			 prejudgment interest, except for interest awarded on that part of the judgment
			 paid by the Fund;
(5) Any expense
			 of repairing, replacing or upgrading any storage tank or its
			 contents;
(6) Any expense incurred
			 by an operator during the transportation, loading or unloading of a portable
			 storage tank; and
(7) Any loss of
			 income or revenue of the business of an operator that is incurred by an
			 operator during a corrective action necessitated by a discharge.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.220 - Designation as "small business

Current through June 11, 2024
To be designated as a small business as described in paragraph
				(f) of subsection 1 of NAC 445C.210, an operator must submit the following to
				the Division:
1. Copies of forms
			 reporting federal income tax which show the operator's gross annual receipts or
			 total income for the following period:
(a) If
			 the operator or business has been in operation for 3 or more fiscal years on
			 the date on which the discharge is discovered, the 3 fiscal years immediately
			 preceding the date on which the discharge was discovered; or
(b) If the operator or business has been in
			 operation for less than 3 fiscal years on the date the discharge is discovered,
			 the total number of years the operator or business has been in
			 operation.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.230 - Adoption by reference of certain provisions of Code of Federal Regulations and International Fire Code

Current through June 11, 2024
The Board hereby adopts by reference:
1. The provisions of  40 C.F.R. §§
									280.10 to  280.74, inclusive, and 280.240  to 280.245, inclusive, as they existed
			 on July 15, 2015, except when they conflict with NAC 445C.200  to 445C.390,
			 inclusive. A copy of the volume containing these provisions may be:
(a) Obtained at a cost of $56:
(1) By mail from the U.S. Government
			 Publishing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000;
(2) By toll-free telephone at (866) 512-1800;
			 or
(3) At
https://bookstore.gpo.gov
; and
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.240 - Annual fee and application for registration of storage tank; letter of coverage

Current through June 11, 2024
1. Except as
			 otherwise provided in this subsection, each operator of a registered storage
			 tank shall, on or before October 1 of each year, pay a fee in the amount of
			 $100 for registration for coverage provided by the Fund and submit an
			 application for registration to the Division in the form prescribed by the
			 Board. An application for registration is not required from an operator who has
			 filed with the Division Form 7530-1, "Notification for Underground Storage
			 Tanks," adopted by the United States Environmental Protection Agency.
2. The Division will bill the operator for
			 the annual registration fee not less than 30 days before the date the fee is
			 due. The failure of an operator to receive a bill does not relieve the operator
			 of his or her obligation to pay the fee on or before the date it is
			 due.
3. Upon compliance by the
			 operator with the provisions of subsection 1, the Division will issue a letter
			 evidencing the coverage provided by
			 NRS
			 445C.370 or
			 445C.380,
			 whichever applies. The letter will:
(a)
			 Include the name and address of the facility at which the storage tank is
			 located, together with any other information required to identify the storage
			 tank; and
(b) Set forth the amount
			 of money available in the Fund, as of the date of the letter, to pay costs or
			 damages resulting from any discharge from the storage tank which qualifies for
			 coverage provided by
			 NRS
			 445C.370 or
			 445C.380,
			 as applicable.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.250 - Testing and inspection of storage tanks

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, each operator of a registered underground
			 storage tank shall comply with the provisions of NAC 459.994.
2. The operator of a registered storage tank
			 that is above ground shall perform or cause to be performed an inspection of
			 the storage tank at least once each month. The monthly inspection must include,
			 without limitation:
(a) Visual inspection of
			 the aboveground storage tank system to identify cracks or other defects in the
			 secondary containment area and product transfer area;
(b) Visual inspection of the exterior
			 surfaces of the storage tanks, piping, valves, pumps and other equipment for
			 cracks, corrosion, releases and maintenance deficiencies and to identify
			 malfunctioning equipment, needed maintenance and needed revisions to current
			 operating practices;
(c) Visual
			 inspection of the elevated storage tanks or storage tanks on concrete slabs;
			 and
(d) Unless the secondary
			 containment of the storage tank has a sound concrete floor or liner or is of a
			 double-walled construction:
(1) Visual
			 inspection of the area between the outer shell of the storage tank or the floor
			 of the storage tank and the containment area; or
(2) Vapor monitoring of the soil directly
			 beneath the storage tank bottom or perimeter and the water table.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.255 - Division may contract with third party to provide owners and operators technical assistance

Current through June 11, 2024
The Division may contract or enter into an agreement with a
				third party to provide technical assistance to owners and operators of storage
				tanks for the purpose of facilitating compliance with state and federal
				regulations applicable to the operation of storage tanks.
Added to NAC by Bd. to
				Review Claims by R032-17, eff. 12-19-2017
NRS
				  445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.260 - Financial responsibility of operators

Current through June 11, 2024
Upon request, an operator of a regulated underground storage
				tank shall submit to the Division evidence of his or her financial
				responsibility. An operator may demonstrate his or her financial responsibility
				in any manner permitted by NAC
				459.995.
(Added to NAC by Bd. to
				Review Claims, eff. 6-15-90; A 12-23-91; A by Div. of Environmental Protec. by
				R226-05, 5-4-2006) - (Substituted in revision for NAC
				590.750)
NRS
				  445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.270 - Discharges: Duties of operators; submission and contents of application for coverage; maintenance of records

Current through June 11, 2024
1. The operator of
			 a storage tank shall report any suspected or confirmed discharge from a storage
			 tank to the environment promptly in accordance with the requirements of NAC
			 445A.347  and  40 C.F.R. §§
									280.50, 280.53 and 280.61.
2. As soon as possible after the discharge,
			 but not later than 12 months after the date the discharge is discovered, the
			 operator shall submit to the Division an application for coverage by the Fund
			 for the discharge. The Division will not accept an application for coverage
			 after the deadline unless the operator demonstrates good cause for the failure
			 to comply with the deadline. The application for coverage must be submitted on
			 the form prescribed by the Division and must include:
(a) A written description of how, when and
			 where the discharge occurred;
(b) A
			 description of any damage known to the operator to have been caused by the
			 discharge;
(c) If the services of
			 an environmental manager, as defined in NAC 459.9704, have been obtained, the
			 name of that person; and
(d) If the
			 operator is seeking to be designated as a small business as described in
			 paragraph (f) of subsection 1 of NAC 445C.210, the information required by NAC
			 445C.220.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.280 - Operator to notify Division of civil action for damages; submission of order of judgment or settlement agreement required for payment from Fund

Current through June 11, 2024
1. An operator shall notify the Division of a
			 civil action brought against him or her by another person for damages alleged
			 to have been caused by a discharge from the storage tank of the operator. The
			 notice must be in writing and submitted to the Division within 60 days after
			 the date the operator is properly served with the summons and a copy of the
			 complaint that commenced the civil action.
2. The Board may:
(a) Consider failure to notify the Division
			 pursuant to the provisions of subsection 1 as a basis for denial of payment
			 from the Fund.
(b) Excuse a failure
			 to provide notice pursuant to the provisions of subsection 1 upon demonstration
			 of good cause for the failure to comply.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.290 - Discharges: Authority of Administrator of Division

Current through June 11, 2024
If a discharge occurs from a storage tank, the Administrator of
				the Division may, at such times as are reasonably required:
1. Question the operator of the storage tank,
			 under oath, about any matter relating to the discharge; and
2. Examine the books and records of the
			 operator.
(Added to NAC by Bd. to
				Review Claims, eff. 6-15-90) - (Substituted in revision for NAC
				590.770);	A by
				R049-21A,
				eff. 4/11/2022
NRS 445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.300 - Factors considered in determining necessity for cleanup of discharge from certain storage tanks

Current through June 11, 2024
In determining whether cleaning up a discharge from a storage
				tank:
1. Which has a capacity of 1,100
			 gallons or less; and
2. Which is
			 used to store heating oil for consumption on the same premises where the oil is
			 stored, is necessary to protect the environment or the public health and
			 safety, the Division may consider the factors listed in subsection 2 of NAC
			 445A.227.
(Added to NAC by Bd. to
				Review Claims, eff. 1-22-96; A by Environmental Comm'n by R189-08, 8-25-2009) -
				(Substituted in revision for NAC
				590.774)
NRS
				  445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.310 - Form of claim for reimbursement; time limitations for filing claims; payment to operator, vendor or contractor; payment required of operator; payment of per diem allowance and travel expenses

Current through June 11, 2024
1. An
			 operator, certified environmental manager, vendor or contractor who seeks to be
			 reimbursed by the Fund for costs for cleaning up or liability for damages
			 resulting from a discharge must submit to the Division pursuant to subsection 2
			 a verified claim for reimbursement in the form prescribed by the Board along
			 with any supporting documents required to substantiate his or her eligibility
			 for reimbursement.
2. An operator,
			 certified environmental manager, vendor or contractor must submit:
(a) The initial claim for reimbursement
			 within 12 months after the date of the discharge, as identified in the
			 application for coverage pursuant to subsection 2 of NAC 445C.270;
(b) Any subsequent claims within 12 months
			 after the date on which the operator, certified environmental manager, vendor
			 or contractor performed the cleanup activity for which reimbursement is being
			 requested; and
(c) The final claim
			 within 12 months after the completion of the corrective action necessitated by
			 the discharge.
The Board will not accept a claim after the applicable deadline
				set forth in paragraph (a), (b) or (c) unless the operator, certified
				environmental manager, vendor or contractor demonstrates good cause for the
				failure to comply with the deadline.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.320 - Grants for purchase and installation of upgrades: Division to make available from money in Fund

Current through June 11, 2024
The Division shall make available from the money remaining in
				the Fund at the end of each fiscal year and after all claims against the Fund
				have been paid pursuant to
				NRS
				445C.370 and
				445C.380
				and all cleanup costs have been paid pursuant to
				NRS
				445C.320 money for grants to finance or
				assist in financing the purchase and installation of upgrades necessary to
				comply with the provisions of NAC
				459.9921 to
				459.999, inclusive, in accordance
				with the provisions of NAC 445C.320 to 445C.380, inclusive.
Added to NAC by Bd. to
				Review Claims by R032-17, eff. 12-19-2017
NRS
				  445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.330 - Grants for purchase and installation of upgrades: Information to be provided by operator

Current through June 11, 2024
An operator of one or more storage tanks is eligible to apply
				to the Division for a grant from the money made available pursuant to NAC
				445C.320  if the operator provides information to demonstrate:
1. That the applicable storage tanks are
			 registered storage tanks and the applicant is the operator, pursuant to NRS 445C.250, who registered the storage tanks.
2. That the operator is a small business as
			 described in NAC 445C.210.
3. That
			 the operator independently operates and owns or leases the petroleum dispensing
			 location where the applicable storage tanks are installed and
			 operated.
4. Except as otherwise
			 provided in this subsection, that all storage tanks operated by the operator in
			 this State are operated in compliance with the provisions of NAC 459.9921  to
			 459.999, inclusive. The Administrator of the Division may grant a waiver from
			 the requirements of this subsection if the Administrator determines that the
			 purchase and installation of the anticipated upgrades to the storage tanks
			 which are the subject of the application will result in the operator's
			 compliance with the provisions of this subsection.
Added to NAC by Bd. to
				Review Claims by R032-17, eff. 12-19-2017;	A by
				R049-21A,
				eff. 4/11/2022
NRS 445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.340 - Grants for purchase and installation of upgrades: Application requirements

Current through June 11, 2024
1. An eligible
			 operator who wishes to apply for a grant of money made available pursuant to
			 NAC 445C.320  must submit to the Division on or after July 1 but before April 1
			 of the fiscal year a complete grant application which must include, but is not
			 limited to, the following information:
(a)
			 The number of storage tanks for which upgrades are needed;
(b) A description of the necessity for the
			 upgrades;
(c) A plan and schedule
			 for the initiation and completion of the purchase and installation of the
			 upgrades;
(d) If applicable, at
			 least one cost estimate for the purchase and installation of the upgrades
			 prepared by a handler of underground storage tanks, as defined in NAC
			 459.9705;
(e) The information
			 required pursuant to subsections 1, 2, 4 and 5 of NAC 445C.220;
(f) Verification that the applicable storage
			 tanks are available for public use;
(g) A list of all other operating storage
			 tanks owned or operated by the grant applicant in other locations;
(h) The total number of employees employed by
			 the applicant at all petroleum dispensing locations owned or operated by the
			 applicant;
(i) The volume of
			 petroleum sold at the petroleum dispensing location annually during the 2 years
			 immediately preceding the date of application;
(j) A list of all petroleum dispensing
			 locations available for public use that are located not more than 15 miles from
			 the applicable petroleum dispensing location; and
(k) Any other information which the Division
			 determines is necessary to evaluate the eligibility of the applicant.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.350 - Grants for purchase and installation of upgrades: Division to review applications, rank applicants, award grants, allocate available grant money

Current through June 11, 2024
1. The Division shall review the applications
			 submitted pursuant to NAC 445C.340  to 445C.380, inclusive, and rank the
			 eligible applications according to:
(a) The
			 demonstrated financial need of the applicant. The greater the demonstrated
			 financial need of the applicant, the higher the ranking which must be assigned
			 to the application.
(b) The annual
			 volume of petroleum dispensed at the applicable fuel dispensing location of the
			 applicant during the 2 years immediately preceding the year in which the
			 application is submitted. The less annual volume of petroleum dispensed, the
			 higher the ranking which must be assigned to the application.
(c) The proximity to the applicant's
			 petroleum dispensing location of other petroleum dispensing locations available
			 for public use. The more remote the applicant's petroleum dispensing location,
			 the higher the ranking which must be assigned to the application.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.360 - Grants for purchase and installation of upgrades: Requirements for recipient and Division

Current through June 11, 2024
1. A recipient
			 shall only purchase and install equipment for upgrades that is approved by the
			 Division. Equipment that is financed in whole or in part by grant money must
			 comply with  40 C.F.R. §
									280.20  and must meet the compatibility standards
			 set forth in  40 C.F.R. §
									280.32.
2. The Division shall:
(a) Inspect and approve the completed
			 installation of the upgrades; or
(b) In lieu of inspecting and approving the
			 completed installation of the upgrades as described in paragraph (a), authorize
			 the recipient to submit to the Division materials that demonstrate that the
			 purchase and installation of the upgrades complies with the requirements of NAC
			 445C.320  to 445C.380, inclusive.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.370 - Grants for purchase and installation of upgrades: Recipient to make certain records available for audit and inspection by the Division

Current through June 11, 2024
A recipient shall make available at any reasonable time for
				audit and inspection by any authorized representative of the Division all
				records related to the use of grant money for the purchase and installation of
				upgrades.
Added to NAC by Bd. to
				Review Claims by R032-17, eff. 12-19-2017
NRS
				  445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.380 - Grants for purchase and installation of upgrades: Authorized uses of grant money; obligations of recipient to repay in certain circumstances

Current through June 11, 2024
1. Grant money allocated to a recipient
			 pursuant to NAC 445C.320 to 445C.380, inclusive, must be used only for the
			 purchase and installation of the upgrades authorized by the Division in its
			 approval of the grant application.
2. If a recipient does not spend the total
			 allocation of grant money on the authorized upgrades, the recipient shall repay
			 to the Division the amount of any grant allocation which remains unspent not
			 later than 60 days after the completion of the installation of the upgrade for
			 which the grant money was awarded.
3. If a recipient spends any grant money for
			 any purpose other than the purchase and installation of the upgrades authorized
			 by the Division in its approval of the grant application, the recipient shall
			 repay to the Division the amount of money spent on unauthorized costs not later
			 than 30 days after the recipient receives notice from the Division of its
			 determination that the grant money was spent on unauthorized costs.
4. All costs incurred by the Division which
			 are associated with the recovery of grant money pursuant to this section may be
			 charged by the Division to the recipient.
5. The Division shall deposit all money
			 recovered pursuant to this section into the Fund.
6. If a recipient does not repay any unused
			 or unauthorized expenditures of grant money to the Division in the manner
			 required by this section, the Division may, in accordance with NAC
			 459.9942, mark the storage tanks
			 at the petroleum dispensing location with a red tag until the date on which the
			 recipient complies with the provisions of this section.
Added to NAC by Bd. to
				Review Claims by R032-17, eff. 12-19-2017
NRS
				  445C.310
Nevada Administrative Code › Chapter 445C - Environmental Requirements › CLEANUP OF DISCHARGED PETROLEUM › Section 445C.390 - Severability of provisions

Current through June 11, 2024
If any provision of NAC 445C.200 to 445C.390, inclusive, or the
				application of the provision to any person, thing or circumstance is held
				invalid, it is intended that the invalidity not affect the remaining
				provisions, or their application, that can be given effect without the invalid
				provision or application.
(Added to NAC by Bd. to
				Review Claims, eff. 6-15-90) - (Substituted in revision for NAC
				590.790)
NRS
				  445C.310
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 446.0105 to 446.038, inclusive, and sections
				2 to 85, inclusive, of this regulation have the meanings ascribed to them in
				those sections.
Supplied in
				codification; A by Bd. of Health, 10-14-88; 9-16-92; 5-23-96; 10-30-97;
				R007-04, 4-7-2004; R069-10, 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0102 - "Accessible" defined

Current through June 11, 2024
"Accessible" means:
1.
			 When applied to equipment other than plumbing equipment, fabricated to be
			 exposed for cleaning and inspection using simple tools, including, without
			 limitation, handheld screwdrivers, pliers and open-ended wrenches.
2. When applied to plumbing fixtures,
			 plumbing connections, plumbing appliances or plumbing equipment:
(a) Having access thereto, but which may
			 require the removal of an access panel, door or similar obstruction;
			 and
(b) Not blocked by equipment or
			 other barriers.
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0103 - "Adulterated" defined

Current through June 11, 2024
"Adulterated" has the meaning ascribed to it in
				21 U.S.C. §
									342.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0105 - "Approved" defined

Current through June 11, 2024
"Approved" means acceptable to the health authority based on a
				determination of conformity with principles, practices and generally recognized
				standards that protect public health.
Added to NAC by Bd. of
				Health, eff. 5-23-96; R069-10, 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0107 - "Balut" defined

Current through June 11, 2024
"Balut" means an embryo inside a fertile egg that has been
				incubated for a period sufficient for the embryo to reach a specific stage of
				development, after which it is removed from incubation before hatching.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.011 - "Barbecue" defined

Current through June 11, 2024
"Barbecue" means an area or facility at a food establishment,
				other than the main area for preparing food, that has equipment for cooking
				food.
Added to NAC by Bd. of
				Health, eff. 9-16-92
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0113 - "Beverage" defined

Current through June 11, 2024
"Beverage" means a liquid for drinking, including, without
				limitation, water.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.012 - "Bulk food" defined

Current through June 11, 2024
"Bulk food" means processed or unprocessed food in aggregate
				containers from which quantities desired by the customer are withdrawn by or on
				behalf of the customer.
Added to NAC by Bd. of
				Health, eff. 10-14-88; R069-10, 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0122 - "Caterer" defined

Current through June 11, 2024
"Caterer" means an approved food establishment that is capable
				of serving or preparing food at a location other than its primary
				location.
Added to NAC by Bd. of
				Health, eff. 5-23-96
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01223 - "Certification number" defined

Current through June 11, 2024
"Certification number" means a unique combination of letters
				and numbers assigned by a shellfish control authority to a molluscan shellfish
				dealer according to the provisions of the National Shellfish Sanitation
				Program.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01227 - "CIP equipment" and "cleaned-in-place equipment" defined

Current through June 11, 2024
1. "CIP equipment" or "cleaned-in-place
			 equipment" means equipment that is cleaned in place by the circulation or
			 flowing, by mechanical means through a piping system, of a detergent solution,
			 water rinse and sanitizing solution onto or over equipment surfaces that
			 require cleaning, including, without limitation, the method used, in part, to
			 clean and sanitize a frozen dessert machine.
2. The term does not include the cleaning of
			 equipment, including, without limitation, band saws, slicers or mixers that are
			 subjected to in-place manual cleaning without the use of a cleaned-in-place
			 system.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0123 - "Comminuted" defined

Current through June 11, 2024
1. "Comminuted"
			 means reduced in size, including, without limitation, by chopping, flaking,
			 grinding or mincing.
2. The term
			 includes:
(a) Fish or meat products that are
			 reduced in size and restructured or reformulated, including, without
			 limitation, gefilte fish, gyros, ground beef and sausage; and
(b) A mixture of two or more types of meat
			 that have been reduced in size and combined, including, without limitation,
			 sausages made from two or more meats.
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01235 - "Conditional employee" defined

Current through June 11, 2024
"Conditional employee" means a potential food employee to whom
				a job offer is made:
1. Conditional on
			 his or her responses to subsequent medical questions or examinations designed
			 to identify potential food employees who may be suffering from a disease that
			 can be transmitted through food; and
2. In compliance with Title I of the
			 Americans with Disabilities Act of 1990,
			 42
			 U.S.C. §§
									12111 -
			 12117.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0124 - "Consumer" defined

Current through June 11, 2024
"Consumer" means a person who:
1. Is a member of the public;
2. Takes possession of food;
3. Is not functioning in the capacity of an
			 operator of a food establishment or food processing establishment;
			 and
4. Does not offer the food for
			 resale.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01245 - "Counter-mounted equipment" defined

Current through June 11, 2024
"Counter-mounted equipment" means equipment that is not
				portable and is designed to be mounted off the floor on a table, counter or
				shelf.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0125 - "Critical control point" defined

Current through June 11, 2024
"Critical control point" means a point or procedure in a
				specific food system where loss of control may result in an unacceptable health
				risk.
Added to NAC by Bd. of
				Health, eff. 5-23-96; R069-10, 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01252 - "Critical item" defined

Current through June 11, 2024
"Critical item" means a provision of this chapter that, if not
				complied with, is more likely than other violations to contribute to food
				contamination, illness or an environmental health hazard.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01254 - "Critical limit" defined

Current through June 11, 2024
"Critical limit" means the maximum or minimum value to which a
				physical, biological or chemical parameter must be controlled at a critical
				control point to minimize the risk that an identified food safety hazard may
				occur.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01256 - "Dealer" defined

Current through June 11, 2024
"Dealer" means a person who:
1. Is authorized by a shellfish control
			 authority for the activities of shellstock shipper, shucker-packer, repacker,
			 reshipper or depuration processor of molluscan shellfish according to the
			 provisions of the National Shellfish Sanitation Program;
2. Is engaged in the sale of nursery plant
			 stock; or
3. Is engaged in the
			 distribution of wholesale liquor.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01258 - "Disclosure" defined

Current through June 11, 2024
"Disclosure" means a written statement that clearly
				identifies:
1. The animal-derived
			 foods which are, or can be, ordered raw, undercooked or without otherwise being
			 processed to eliminate pathogens; or
2. Items that contain an ingredient which is
			 raw, undercooked or without otherwise being processed to eliminate
			 pathogens.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0126 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Public and Behavioral Health
				of the Department of Health and Human Services.
Added to NAC by Bd. of
				Health, eff. 10-30-97-Substituted in revision for NAC
				446.0146
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0128 - "Easily cleanable" defined

Current through June 11, 2024
"Easily cleanable" means the characteristics of a surface
				that
1. Allow effective removal of
			 soil by normal cleaning methods;
2. Are dependent on the material, design,
			 construction and installation of the surface; and
3. Vary with the likelihood of the surface's
			 role in introducing pathogenic or toxigenic agents or other contaminants into
			 food, based on the surface's approved placement, purpose and use.
Added to NAC by Bd. of
				Health, eff. 5-23-96; R069-10, 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01282 - "Easily movable" defined

Current through June 11, 2024
"Easily movable" means:
1. Portable, mounted on casters, gliders or
			 rollers, or provided with a mechanical means to safely tilt a unit of equipment
			 for cleaning; and
2. Having no
			 utility connection, having a utility connection that disconnects quickly or
			 having a flexible utility connection line of sufficient length to allow the
			 equipment to be moved for cleaning of the equipment and the adjacent
			 area.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01283 - "Egg" defined

Current through June 11, 2024
1. "Egg" means the
			 shell egg of avian species, including, without limitation, chicken, duck,
			 goose, guinea, quail, ratites or turkey.
2. The term does not include:
(a) A balut;
(b) An egg of a reptile species, including,
			 without limitation, alligator; or
(c) An egg product.
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01284 - "Egg product" defined

Current through June 11, 2024
1. "Egg product"
			 means all or a portion of the contents found inside eggs separated from the
			 shell and pasteurized in a food processing establishment, with or without added
			 ingredients, intended for human consumption, including, without limitation,
			 dried, frozen or liquid eggs.
2.
			 The term does not include food which contains eggs only in a relatively small
			 proportion, including, without limitation, cake mixes.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01285 - "Employee" defined

Current through June 11, 2024
"Employee" means the permit holder, person in charge, food
				employee, person having supervisory or management duties, person on the
				payroll, family member, volunteer, person performing work under a contractual
				agreement or any other person working in a food establishment.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01287 - "Equipment" defined

Current through June 11, 2024
1. "Equipment"
			 means an article that is used in the operation of a food establishment,
			 including, without limitation, a freezer, grinder, hood, ice maker, meat block,
			 mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table,
			 temperature measuring device for ambient air, vending machine or warewashing
			 machine.
2. The term does not
			 include any apparatus used for handling or storing large quantities of packaged
			 foods that are received from a supplier in a cased or overwrapped lot,
			 including, without limitation, hand trucks, forklifts, dollies, pallets, racks
			 and skids.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01288 - "Exclude" defined

Current through June 11, 2024
"Exclude" means to prevent a person from:
1. Working as an employee in a food
			 establishment; or
2. Entering a
			 food establishment as an employee.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.013 - "Extensively remodeled" defined

Current through June 11, 2024
"Extensively remodeled" means the construction, building,
				repair or alteration of, or installation of new equipment in, a food
				establishment which requires a permit from the health authority or local
				building department.
Added to NAC by Bd. of
				Health, eff. 10-14-88; R069-10, 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0131 - "Farmers' market" defined

Current through June 11, 2024
"Farmers' market" has the meaning ascribed to it in
				NRS
				244.336.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01315 - "Fish" defined

Current through June 11, 2024
1. "Fish" means
			 fresh or saltwater fin-fish, crustaceans and other forms of aquatic life,
			 including, without limitation, alligator, frog, aquatic turtle, jellyfish, sea
			 cucumber and sea urchin and the roe of such animals, other than birds or
			 mammals, and all mollusks, if such animal life is intended for human
			 consumption.
2. The term includes
			 an edible human food product derived in whole or in part from fish, including,
			 without limitation, fish that have been processed in any manner.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0132 - "Food" defined

Current through June 11, 2024
"Food" means any food, drink, confection or beverage, or any
				component in the preparation or manufacture thereof, which is intended for
				human consumption and which is stored, being prepared or manufactured,
				displayed, offered for sale, sold or served in a food establishment.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01325 - "Food additive" defined

Current through June 11, 2024
"Food additive" has the meaning ascribed to it in
				21
				C.F.R. §
									170.3(e)(1).
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0134 - "Food employee" defined

Current through June 11, 2024
"Food employee" means a person who works with unpackaged food,
				food equipment or utensils, or food-contact surfaces.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0135 - "Food establishment" defined

Current through June 11, 2024
"Food establishment" has the meaning ascribed to it in
				NRS
				446.020.
Added to NAC by Bd. of
				Health by R007-04, eff. 4-7-2004
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.014 - "Food processing establishment" defined

Current through June 11, 2024
"Food processing establishment" has the meaning ascribed to it
				in
				NRS
				446.035 and includes any establishment
				that:
1. Processes:
(a) Vitamins;
(b) Food supplements;
(c) Food additives;
(d) Spices;
(e) Tea;
(f) Coffee;
(g) Salsa;
(h) Jelly or jam;
(i) Condiments; or
(j) Candy; or
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0142 - "Foodborne illness" defined

Current through June 11, 2024
"Foodborne illness" means an illness caused by the consumption
				of contaminated food.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0143 - "Food-contact surface" defined

Current through June 11, 2024
"Food-contact surface" means a surface of equipment or a
				utensil:
1. With which food normally
			 comes into contact; or
2. From
			 which food may drain, drip or splash:
(a)
			 Into or onto food; or
(b) Onto a
			 surface normally in contact with food.
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.0145 - "Game animal" defined

Current through June 11, 2024
1. "Game animal"
			 means an animal, the products of which are food, that is not classified as
			 livestock, sheep, swine, goat, horse, mule or other equine, or as poultry or
			 fish.
2. The term includes mammals,
			 including, without limitation, reindeer, elk, deer, antelope, water buffalo,
			 bison, rabbit, squirrel, opossum, raccoon, nutria or muskrat, and nonaquatic
			 reptiles such as land snakes.
3.
			 The term does not include ratites.
Added to NAC by Bd. of
				Health, eff. 5-23-96; R069-10, 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01453 - "General-use pesticide" defined

Current through June 11, 2024
"General-use pesticide" means a pesticide that is not
				classified by the United States Environmental Protection Agency for restricted
				use.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01457 - "Handwashing sink" defined

Current through June 11, 2024
1. "Handwashing
			 sink" means a lavatory, a basin or vessel for washing, a wash basin, or a
			 plumbing fixture especially placed for use in personal hygiene and designed for
			 the washing of the hands.
2. The
			 term includes an automatic handwashing facility.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01461 - "Hazard" defined

Current through June 11, 2024
"Hazard" means a biological, chemical or physical property that
				may cause an unacceptable consumer health risk.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01463 - "Hazard analysis and critical control point plan" and "HACCP plan" defined

Current through June 11, 2024
"Hazard analysis and critical control point plan" or "HACCP
				plan" means a written document that delineates the formal procedures for
				following the Hazard Analysis and Critical Control Point principles developed
				by the National Advisory Committee on Microbiological Criteria for Foods to
				include pertinent critical items and critical limits.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940
Nevada Administrative Code › Chapter 446 - Food Establishments › GENERAL PROVISIONS › Section 446.01467 - "Health authority" defined

Current through June 11, 2024
"Health authority" means the officers and agents of:
1. The Division of Public and Behavioral
			 Health; or
2. The applicable local
			 boards of health.
Added to NAC by Bd. of
				Health by R069-10, eff. 12-18-2013
NRS
				  439.200,
				  446.940