Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(83rd) A SB295 R2 773 Amendment No.
295–Senators773 DoñateAssembly andAmendment Floresto JointSenate Sponsors:Bill No.
Assemblymembers295 González,Second MooreReprint and(BDR D’Silva40-44) CHAPTER..........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 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 ofeof food.
(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;
SectionAssembly 6Amendment ofNo. 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.
governing773 sidewalkto vendorsSenate ofBill food,No. including requirements relating to:
(1)295 thesSecond plansReprint forPage 4 Section 6 of this bill limits the designapplicability of asections nonstationary6-11.5 conveyanceof andthis thebill useto a local board of modularhealth conveyancesin bya county whose population is 100,000 or more or a sidewalkcity vendor;in a county whose population is 100,000 or more.
(2)Section the13 use of certainthis sinksbill byrequires a local board of health to adopt regulations governing sidewalk vendor;vendors of food, including requirements relating to:
and(1) (3)the plans for the storagedesign of a nonstationary conveyance inand the use of modular conveyances by a privatesidewalk home.vendor;
Section(2) 9.5 requires a person who wishes to operate as a compact food cart vendor to register with the localhome.f boardcertain ofsinks health and pay the fee established by 2.5 of this bill defines “compact food cart vendor” to mean a personsidewalk whovendor; sellsection certain food items from a nonstationary conveyance.
and (3) the storage of a conveyance in a private Section 9.5 also requires a -person 83rdwho Sessionwishes (2025)to –operate 2as –a compact food cart vendor to complyregister with certainthe ordinanceslocal board of health and regulationspay regulates[a] sidewalkthe vendors.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,health [.] , if such a fee has been established.
Sectionbe 10purchased authorizesprepackaged or prepared in a compactcommercial foodgrade cartkitchen vendoror toon sellthe conveyance.st Section 11.5 provides, with certain foodexceptions, items,that whichthe mustprovisions beof purchasedexisting prepackagedlaw orand preparedsections in2-11.5 of this bill do not prohibit a commerciallocal gradezoning kitchenboard, planning commission or ongoverning thebody conveyance.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 itemspublicly thatavailable haveon beenthe approvedInternet bywebsite of the local board of health and a modellist menu of of food preapproved food items that mayhave been be sold by a sidewalk vendor;
existingSection law2 relatingapplies tothe fooddefinitions establishments.ionsin sections 2.5, 3 and 5 to the provisions of EXPLANATIONexisting –law Matterrelating into boldedfood italicsestablishments. is new;
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.
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.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 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 local board of health shall establish a process to preSec.preapprove food items that may be sold by a sidewalk vendor.
Sec.
A person who wishes to operate as a compact.compact food cart vendor must:
food cart vendor must:
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,Assembly cityAmendment orNo. unincorporated limitation, any requirements concerning the size of a conveyance.
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-stand-alone 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, -license 83rdor Sessionauthorization (2025)from –the 5local –board of health pursuant to NRS 446.861 to operate as a sidewalk vendor and has complieduantcomplied to with all other requirements of the local board of health and the relevant local governments for operating at the special event.
and (b) [A] If the local board of health prescribed by regulation a fee for renewing the registration,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 setvendor forththat inregisters sectionpursuant 10to of this act.is section to sell any food items Sec.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-fruit-based 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)additives; 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;
(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 -prepackaged 83rdand Sessionpurchased (2025)from –a 6grocery –store or other food establishment in a manner that protects the food item fromodfrom contaminationAssembly duringAmendment transport,No. display, sale and acquisition by consumers and that does not contain dairy products;
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)seasonings Nachos consisting of corn-based tortilla chips and topped with ingredients which may include, without limitation, shelf- stable pickled vegetables or shelf-stable nachovinegar-based cheesesauces; 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;
(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 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 -(p) 83rdAny Sessionother (2025)food –item, 7including, –without alcoholiclimitation, a non-alcoholic beverage, that the local board of health deemsn,deems a non- 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)limitation: Prescribing the locations where sidewalk vendors and compact food cart vendors are allowed to operate;
(b)(a) AuthorizingPrescribing the seizurelocations ofwhere foodsidewalk items,vendors including,and withoutcompact limitation,food beverages,cart avendors conveyance,are anyallowed cookingto apparatusoperate; 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;
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;
446.020Sec. 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.
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.
-(a) 83rdPrivate Sessionhomes, (2025)unless –the 8food –prepared or manufactured in the home is sold, or offered or displayed for sale or forturedfor in 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)NRS; 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;
(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)stored Ais compactnot foodmore cartthan vendor150 thatsquare meetsfeet; the requirements of section 9.5 of this act with respect to the food items set forth in section 10 of this act.
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) 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 .
Such regulations may impose reasonable restrictions, including, without limitation, requiring that conveyances be stored in accordance with any other law oringor that 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.
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.adoptedvendors. by a Sec.
Sec.
(c)Assembly LimitAmendment theNo. 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.
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.ntinconsistent with the provisions of NRS 244.35481 to 244.35488, 4.inclusive.
4.
- 83rd Session (2025) – 11 – (a) Enact or enforce a complete prohibition on sidewalk vendors.
(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)