Amendment vs bill Amendment 773 vs Enrolled

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Senate Bill No.
Session (83rd) A SB295 R2 773 Amendment No.
295–Senators Doñate and Flores Joint Sponsors:
773 Assembly Amendment to Senate Bill No.
Assemblymembers González, Moore and D’Silva CHAPTER..........
295 Second Reprint (BDR 40-44) Proposed by:
Assemblymember Brown-May Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will:
(2) MAINTAIN the unfunded mandate not requested by the affected local government to S.B.
295 R2 (§§ 7, 9).
ASSEMBLY ACTION Initial and Date| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
SLD/HAC - Date:
5/22/2025 S.B.
No.
295—Revises provisions related to food establishments.
(BDR 40-44) Page 1 of 10 *A_SB295_R2_773* Assembly Amendment No.
773 to Senate Bill No.
295 Second Reprint Page 3 SENATE B ILLN O.
295–SENATORS D OÑATE AND F LORES M ARCH 6, 2025 _______________ JOINT SPONSORS :
ASSEMBLYMEMBERS GONZÁLEZ , M OORE AND D’S ILVA _______________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions related to food establishments.
(BDR 40-44) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
CONTAINS UNFUNDED MANDATE (§§ 7,9) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires a local board of health in a county whose population is population is 100,000 or more to adopt regulations governing sidewalk vendors ofe food.
Existing law requires a local board of health in a county whose population is 100,000 or more (currently Clark and Washoe Counties) or a city in a county whose population is 100,000 or more to adopt regulations governing sidewalk vendors of food.
(1) develop and update certain guidance documents explaining the requirements of existing regulations cart vendors;
(1) develop and update certain guidance documents explaining the requirements of existing regulations adopted by the local board of health governing sidewalk vendors and compact food cart vendors;
Section 6 of this bill limits the applicability of sections 6-11.5 of this bill to a local board of health in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more.
Assembly Amendment No.
governing sidewalk vendors of food, including requirements relating to:
773 to Senate Bill No.
(1) thes plans for the design of a nonstationary conveyance and the use of modular conveyances by a sidewalk vendor;
295 Second Reprint Page 4 Section 6 of this bill limits the applicability of sections 6-11.5 of this bill to a local board of health in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more.
(2) the use of certain sinks by a sidewalk vendor;
Section 13 of this bill requires a local board of health to adopt regulations governing sidewalk vendors of food, including requirements relating to:
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and (3) the storage of a conveyance in a private home.
(1) the plans for the design of a nonstationary conveyance and the use of modular conveyances by a sidewalk vendor;
Section 9.5 requires a person who wishes to operate as a compact food cart vendor to register with the local board of health and pay the fee established by 2.5 of this bill defines “compact food cart vendor” to mean a person who sellsection certain food items from a nonstationary conveyance.
(2) the home.f certain sinks by a sidewalk vendor;
Section 9.5 also requires a - 83rd Session (2025) – 2 – compact food cart vendor to comply with certain ordinances and regulations regulates sidewalk vendors.
and (3) the storage of a conveyance in a private Section 9.5 requires a person who wishes to operate as a compact food cart vendor to register with the local board of health and pay [a] the fee established by regulation of the local board of health [.] , if such a fee has been established.
Section 2.5 of this bill defines “compact food cart vendor” to mean a person who sells certain food items from a nonstationary conveyance.
Section 9.5 also requires a compact food cart vendor to comply with certain ordinances and regulations adopted by the governing body of a county, city or unincorporated town that regulates sidewalk vendors.
and (3) requires the payment of a renewal fee established by regulation of the local board of health, if such a fee has been established.
and (3) requires the payment of a renewal fee established by regulation of the local board of health [.] , if such a fee has been established.
Section 10 authorizes a compact food cart vendor to sell certain food items, which must be purchased prepackaged or prepared in a commercial grade kitchen or on the conveyance.
be purchased prepackaged or prepared in a commercial grade kitchen or on the conveyance.st Section 11.5 provides, with certain exceptions, that the provisions of existing law and sections 2-11.5 of this bill do not prohibit a local zoning board, planning commission or governing body of a county, city or unincorporated town from adopting certain ordinances and regulations that:
Section 11.5 provides, with certain exceptions, that the provisions of existing commission or governing body of a county, city or unincorporated town from planning adopting certain ordinances and regulations that:
(1) prepare, maintain and make items that have been approved by the local board of health and a model menu of of food preapproved food items that may be sold by a sidewalk vendor;
(1) prepare, maintain and make publicly available on the Internet website of the local board of health a list of food items that have been be sold by a sidewalk vendor;
existing law relating to food establishments.ions 2.5, 3 and 5 to the provisions of EXPLANATION – Matter in bolded italics is new;
Section 2 applies the definitions in sections 2.5, 3 and 5 to the provisions of existing law relating to food establishments.
matter between brackets [omitted material] is material to be omitted.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 446.0145 to - 83rd Session (2025) – 3 – 446.069, inclusive, and sections 2.5, 3 and 5 of this act have the meanings ascribed to them in those sections.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 446.0145 to 446.069, inclusive, and sections 2.5, 3 and 5 of this act have the meanings ascribed to them in those sections.
Sec.
Assembly Amendment No.
773 to Senate Bill No.
295 Second Reprint Page 5 Sec.
“Compact food cart vendor” means a person who sells the food items described in section 10 of this act from a nonSec.
“Compact food cart vendor” means a person who sells the food items described in section 10 of this act from a nonstationary conveyance.
Sec.
“Conveyance”e.
“Conveyance” includes, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack.
includes, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack.
Make available on the Internet website of the local board of health all guidance documents developed pursuant to board of health for a permit, license or other authorization or register with the local board of health, as applicable.
Make available on the Internet website of the local board of health all guidance documents developed pursuant to subsection 1 and all documents necessary to apply to the local board of health for a permit, license or other authorization or register with the local board of health, as applicable.
- 83rd Session (2025) – 4 – The documents required to be maintained pursuant to this subsection must be clearly visible, easily accessible and available in more than one language.
The documents required to be maintained pursuant to this subsection must be clearly visible, easily accessible and available in more than one language.
The local board of health shall establish a process to preSec.
The local board of health shall establish a process to preapprove food items that may be sold by a sidewalk vendor.
Sec.
A person who wishes to operate as a compact.
A person who wishes to operate as a compact food cart vendor must:
food cart vendor must:
and (b) If the local board of health prescribed by regulation a fee for registration, pay the fee in the amount established by the local board of health.
and (b) [Pay] If the local board of health prescribed by regulation a fee [prescribed by regulation of the local board of health] for registration, pay the fee in [an] the amount established by the local board of health.
A compact food cart vendor shall comply with NRS 244.35484 and 268.097994 and any ordinance or regulation adopted by the governing body of a county, city or unincorporated limitation, any requirements concerning the size of a conveyance.
A compact food cart vendor shall comply with NRS 244.35484 and 268.097994 and any ordinance or regulation adopted by the governing body of a Assembly Amendment No.
773 to Senate Bill No.
295 Second Reprint Page 6 county, city or unincorporated town that regulates sidewalk vendors, including, without limitation, any requirements concerning the size of a conveyance.
A local board of health may authorize the use of a stand- alone sink or a sink in a nearby facility by a compact food cart vendor to satisfy any requirements adopted by the local board of health for handwashing and warewashing, provided that such a sink is not more than 10 feet away from the conveyance and there is not a physical barrier between such a sink and the conveyance.
A local board of health may authorize the use of a stand-alone sink or a sink in a nearby facility by a compact food cart vendor to satisfy any requirements adopted by the local board of health for handwashing and warewashing, provided that such a sink is not more than 10 feet away from the conveyance and there is not a physical barrier between such a sink and the conveyance.
A compact food cart vendor shall not operate at a special event unless the compact food cart vendor has obtained a permit, - 83rd Session (2025) – 5 – NRS 446.861 to operate as a sidewalk vendor and has complieduant to with all other requirements of the local board of health and the relevant local governments for operating at the special event.
A compact food cart vendor shall not operate at a special event unless the compact food cart vendor has obtained a permit, license or authorization from the local board of health pursuant to NRS 446.861 to operate as a sidewalk vendor and has complied with all other requirements of the local board of health and the relevant local governments for operating at the special event.
and (b) If the local board of health prescribed by regulation a fee for renewing the registration, the fee in the amount established by the local board of health.
and (b) [A] If the local board of health prescribed by regulation a fee for renewing the registration [prescribed by regulation of the local board of health] , the fee in [an] the amount established by the local board of health.
The regulations adopted by a local board of health in accordance with NRS 446.861 do not apply to a compact food cart set forth in section 10 of this act.is section to sell any food items Sec.
The regulations adopted by a local board of health in accordance with NRS 446.861 do not apply to a compact food cart vendor that registers pursuant to this section to sell any food items set forth in section 10 of this act.
Sec.
(a) Subject to any requirements of NRS 584.099 to 584.107, inclusive, shaved ice which may include a supplemental fruit- based or artificially-flavored syrup added to the shaved ice on the conveyance;
(a) Subject to any requirements of NRS 584.099 to 584.107, inclusive, shaved ice which may include a supplemental fruit-based or artificially-flavored syrup added to the shaved ice on the conveyance;
(c) Corn chips or potato chips which may include, without limitation, any supplemental seasonings, flavorings or food add(d) Corn on the cob which may be garnished on the conveyance with crumbled parmesan cheese or with mayonnaise or margarine spread that contains shelf-stable ingredients and was purchased from a grocery store within the previous 7 days;
(c) Corn chips or potato chips which may include, without limitation, any supplemental seasonings, flavorings or food additives;
(d) Corn on the cob which may be garnished on the conveyance with crumbled parmesan cheese or with mayonnaise or margarine spread that contains shelf-stable ingredients and was purchased from a grocery store within the previous 7 days;
(f) Tea that is prepared on the conveyance by steeping in water cured or fresh leaves, herbs, flowers, fruits or any other plant material and may include any additive that is shelf-stable and - 83rd Session (2025) – 6 – establishment in a manner that protects the food item fromod contamination during transport, display, sale and acquisition by consumers and that does not contain dairy products;
(f) Tea that is prepared on the conveyance by steeping in water cured or fresh leaves, herbs, flowers, fruits or any other plant material and may include any additive that is shelf-stable and prepackaged and purchased from a grocery store or other food establishment in a manner that protects the food item from Assembly Amendment No.
773 to Senate Bill No.
295 Second Reprint Page 7 contamination during transport, display, sale and acquisition by consumers and that does not contain dairy products;
(j) Subject to any requirements of NRS 584.099 to 584.107, inclusive, frozen or semi-frozen ice treats that do not contain dairy products and which may be garnished on the conveyance with sea(k) Nachos consisting of corn-based tortilla chips and topped with ingredients which may include, without limitation, shelf- stable pickled vegetables or shelf-stable nacho cheese purchased prepackaged from a grocery store or other food establishment in a manner that protects the food item from contamination during transport and melted on the conveyance and may not include meat;
(j) Subject to any requirements of NRS 584.099 to 584.107, inclusive, frozen or semi-frozen ice treats that do not contain dairy products and which may be garnished on the conveyance with seasonings and shelf-stable vinegar-based sauces;
(k) Nachos consisting of corn-based tortilla chips and topped with ingredients which may include, without limitation, shelf-stable pickled vegetables or shelf-stable nacho cheese purchased prepackaged from a grocery store or other food establishment in a manner that protects the food item from contamination during transport and melted on the conveyance and may not include meat;
(m) Dry snack foods, including, without limitation, potato chips, corn chips or peanuts, which are purchased prepackaged protects the food item from contamination during transport and to which liquid condiments primarily made using chili peppers may be added to the snack food on the conveyance;
(m) Dry snack foods, including, without limitation, potato chips, corn chips or peanuts, which are purchased prepackaged from a grocery store or other food establishment in a manner that protects the food item from contamination during transport and to which liquid condiments primarily made using chili peppers may be added to the snack food on the conveyance;
and - 83rd Session (2025) – 7 – alcoholic beverage, that the local board of health deemsn, a non- appropriate.
and (p) Any other food item, including, without limitation, a non-alcoholic beverage, that the local board of health deems appropriate.
Except as otherwise provided in this section and NRS 244.35484 and 268.097994, nothing in NRS 446.861 and sections 2 to 11.5, inclusive, of this act, shall be construed to prohibit a local zoning board, planning commission or governing body of a county, city or unincorporated town from adopting any ordinance or other regulation that protects public health and safety or regulates the time, place or manner in which sidewalk vendors and compact food cart vendors operate, including, without lim(a) Prescribing the locations where sidewalk vendors and compact food cart vendors are allowed to operate;
Except as otherwise provided in this section and NRS 244.35484 and 268.097994, nothing in NRS 446.861 and sections 2 to 11.5, inclusive, of this act, shall be construed to prohibit a local zoning board, planning commission or governing body of a county, city or unincorporated town from adopting any ordinance or other regulation that protects public health and safety or regulates the time, place or manner in which sidewalk vendors and compact food cart vendors operate, including, without limitation:
(b) Authorizing the seizure of food items, including, without limitation, beverages, a conveyance, any cooking apparatus or any other product being sold or offered for sale in violation of state or local law for the purpose of protecting public health and safety;
(a) Prescribing the locations where sidewalk vendors and compact food cart vendors are allowed to operate;
Assembly Amendment No.
773 to Senate Bill No.
295 Second Reprint Page 8 (b) Authorizing the seizure of food items, including, without limitation, beverages, a conveyance, any cooking apparatus or any other product being sold or offered for sale in violation of state or local law for the purpose of protecting public health and safety;
446.020 1.RS 44Except as otherwise limited by subsection 2, “food establishment” means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.
Sec.
12.
NRS 446.020 is hereby amended to read as follows:
446.020 1.
Except as otherwise limited by subsection 2, “food establishment” means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.
- 83rd Session (2025) – 8 – the home is sold, or offered or displayed for sale or fortured in compensation or contractual consideration of any kind;
(a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS;
(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers;
(l) Any establishment in which only whole produce or a commercially prepackaged food item which is not a potentially hazardous food item is sold or offered or displayed for sale, provided that the space in which such food items are displayed or sto(m) A compact food cart vendor that meets the requirements of section 9.5 of this act with respect to the food items set forth in section 10 of this act.
(l) Any establishment in which only whole produce or a commercially prepackaged food item which is not a potentially hazardous food item is sold or offered or displayed for sale, provided that the space in which such food items are displayed or stored is not more than 150 square feet;
or (m) A compact food cart vendor that meets the requirements of section 9.5 of this act with respect to the food items set forth in section 10 of this act.
Sec.
Assembly Amendment No.
773 to Senate Bill No.
295 Second Reprint Page 9 Sec.
[A] Except as otherwise provided in sections 9.5 and 11.5 of this act, a local board of health [in a county whose population is 100,000 or more or a city in a county whose - 83rd Session (2025) – 9 – population is 100,000 or more] shall adopt regulations pursuant to NRS 446.940 regulating sidewalk vendors of food which must, without limitation:
[A] Except as otherwise provided in sections 9.5 and 11.5 of this act, a local board of health [in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more] shall adopt regulations pursuant to NRS 446.940 regulating sidewalk vendors of food which must, without limitation:
(a) Establish a process for a person to apply to the local board of sidewalk vendor .
(a) Establish a process for a person to apply to the local board of health for a permit, license or other authorization to operate as a sidewalk vendor .
[;]license or other authorization to operate as a (b) Provide for a person applying for a permit, license or other authorization for sidewalk vending to pay any fees required by the local board of health using a payment plan .
[;] (b) Provide for a person applying for a permit, license or other authorization for sidewalk vending to pay any fees required by the local board of health using a payment plan .
Such regulations may impose reasonable conveyances be stored in accordance with any other law oring that ordinance governing storage, health and safety in a private home.
Such regulations may impose reasonable restrictions, including, without limitation, requiring that conveyances be stored in accordance with any other law or ordinance governing storage, health and safety in a private home.
or - 83rd Session (2025) – 10 – (b) Establishing an expedited process for a person seeking to operate as a sidewalk vendor.
or (b) Establishing an expedited process for a person seeking to operate as a sidewalk vendor.
The terms used in any regulations adopted pursuant to this section must be the same as those used in this section and must be local board of health relating to sidewalk vendors.adopted by a Sec.
The terms used in any regulations adopted pursuant to this section must be the same as those used in this section and must be consistent with those used in any other regulation adopted by a local board of health relating to sidewalk vendors.
Sec.
(c) Limit the types of food that a sidewalk vendor may sell if such food items comply with the regulations established by a local board of health pursuant to NRS 446.861 and 446.940 or section of this act for a compact food cart vendor, as that term is defined in section 2.5 of this act.
Assembly Amendment No.
773 to Senate Bill No.
295 Second Reprint Page 10 (c) Limit the types of food that a sidewalk vendor may sell if such food items comply with the regulations established by a local board of health pursuant to NRS 446.861 and 446.940 or section 10 of this act for a compact food cart vendor, as that term is defined in section 2.5 of this act.
A board of county commissioners that does not adopt an ordinance that complies or substantially complies with NRS 244.35481 to 244.35488, inclusive, shall not cite, fine or prosecute a sidewalk vendor for a violation of any rule or regulation that is inclusive.nt with the provisions of NRS 244.35481 to 244.35488, 4.
A board of county commissioners that does not adopt an ordinance that complies or substantially complies with NRS 244.35481 to 244.35488, inclusive, shall not cite, fine or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the provisions of NRS 244.35481 to 244.35488, inclusive.
4.
- 83rd Session (2025) – 11 – (a) Enact or enforce a complete prohibition on sidewalk vendors.
(a) Enact or enforce a complete prohibition on sidewalk vendors.
such food items comply with the regulations established by a local board of health pursuant to NRS 446.861 and 446.940 or section of this act for a compact food cart vendor, as that term is defined in section 2.5 of this act.
(c) Limit the types of food that a sidewalk vendor may sell if such food items comply with the regulations established by a local board of health pursuant to NRS 446.861 and 446.940 or section 10 of this act for a compact food cart vendor, as that term is defined in section 2.5 of this act.
~~~~~ 25 - 83rd Session (2025)