446.941 - Inapplicability of certain regulations to child care facilities with limited menus.

446.941  Inapplicability of certain regulations to child care facilities with limited menus.

      1.  Any regulation adopted by the State Board of Health or a local board of health pursuant to NRS 446.940 that establishes a standard for the construction of a food establishment or the equipment required to be present in a food establishment does not apply to any child care facility that limits its menu to:

      (a) Food that does not constitute a potential or actual hazard to the public health; and

      (b) Potentially hazardous food that has been:

             (1) Commercially prepared and precooked; or

             (2) Pasteurized,

Ê regardless of whether the child care facility includes a kindergarten.

      2.  As used in this section:

      (a) “Child care facility” includes:

             (1) A child care facility licensed pursuant to chapter 432A of NRS; or

             (2) A child care facility licensed by a city or county.

      (b) “Kindergarten” means a program of education for children who are 5 and 6 years of age which is:

             (1) Licensed to operate as such pursuant to chapter 394 of NRS or which is exempt from licensure pursuant to NRS 394.211; and

             (2) Located on the premises of a child care facility.

      (Added to NRS by 2003, 594; A 2009, 1013)