Nevada
ChangingCottage Food Operation (current, NRS 446.866); being restructured into a licensed program under Assembly Bill 352 (2025), effective July 1, 2027 · Currently the local county/district health authority (e.g., Southern Nevada Health District, Nevada Division of Public and Behavioral Health
The limits
- Sales cap
- $35,000 per calendar year under current law (NRS 446.866); rising to $100,000 per calendar year effective July 1, 2027 under AB352.
- You can sell
- Nuts and nut mixes; candies; jams, jellies, and preserves; dry herbs, seasoning mixes, and teas; dried fruits and vegetables; cereals, trail mix, and granola; popcorn and popcorn balls; and baked goods that are non-potentially-hazardous and do not contain cream, uncooked egg, custard meringue, or cream cheese frosting/garnishes. (This list is unchanged in substance by AB352.)
- You cannot sell
- TCS/potentially hazardous foods generally; baked goods containing cream, uncooked egg, custard meringue, or cream cheese frosting/garnishes; sale to a wholesaler or permitted food establishment; sale by consignment.
Getting set up
- Permit / registration
- Yes. Currently: register with the local health authority. Effective July 1, 2027 (AB352): must instead obtain a license from the Nevada Department of Agriculture (application includes name, address, contact information, and any DBA name).
- Cost
- Under the current regime (administered by county/district health authorities, not the state), the registration fee varies by local jurisdiction rather than being a single statewide amount. As one concrete data point, Southern Nevada Health District (Clark County) charges a one-time, non-refundable Cottage Food Operation Registration fee of $220, per its Environmental Health Fee Schedule effective 07/01/2026 (line item 'MISCPR – COTTAGE FOOD OPERATION REGISTRATION'). Other Nevada local health authorities (Northern Nevada Public Health, Carson City Health and Human Services, Central Nevada Health District) set their own fees under NRS 446.866, and DPBH guidance material does not itself list a fee. Effective July 1, 2027, under AB352 (2025), administration transfers to the Nevada Department of Agriculture, which may charge a license issuance/renewal fee 'not to exceed the actual cost' of issuing/renewing the license and maintaining the registry — replacing the current locally-set fee structure.
- Training
- Not confirmedUnverified — no cottage-food-operation-specific food safety training or certification requirement was found in NRS 446.866 or in the cottage food guidance materials published by the Nevada Division of Public and Behavioral Health or Southern Nevada Health District. Both agencies' guidance documents enumerate requirements in detail (registration, sales channels, labeling, sanitation) without listing training as a condition. By contrast, Nevada's separate 'craft food operation' category (for acidified/canned foods, administered by the Department of Agriculture) does require a Department-provided training course and exam. Because the source rules here treat silence as inconclusive rather than confirmation of 'no requirement,' this remains unverified — confirm directly with the applicable local health authority or DPBH.
- Kitchen inspection
- Only on complaint/investigation — the health authority (or, post-2027, NDA) may inspect only to investigate suspected adulteration/misbranding or a suspected foodborne-illness outbreak; no routine inspection.
- Labeling
- Must comply with federal labeling law (21 U.S.C. §343(w); 9 C.F.R. Part 317; 21 C.F.R. Part 101); must be prepackaged to prevent contamination; and must bear, printed prominently, "MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION."
Where you can sell
- Permitted venues
- The producer's private property or a location where the producer sells directly to a consumer, including a licensed farmers' market, flea market, swap meet, church bazaar, garage sale, or craft fair.
- Online sales
- No under current law (NRS 446.866 requires an in-person transaction). Yes effective July 1, 2027 under AB352, which authorizes sale by telephone or via the internet.
- Delivery in state
- No under current law. Yes effective July 1, 2027 — AB352 allows a sale to be fulfilled in person, by mail, or through a food delivery service platform.
- Shipping out of state
- No. Under the current law (NRS 446.866, administered by local health authorities), cottage food cannot be sold over the internet, by phone, or shipped/mailed at all — not just across state lines. Sales must be direct, person-to-person (at the operator's home, a farmers market, flea market, craft fair, etc.). A website may be used only for advertising, not for online purchasing or shipping. This forecloses interstate shipping under the current regime. Note: AB352 (2025) will change this — effective July 1, 2027, once administration shifts to the Department of Agriculture, Nevada cottage food operations will be permitted to sell by phone, internet, mail, or delivery service (though actual interstate/out-of-state sales remain barred as federal interstate-commerce matters).
The fine print
- Statute
- NRS 446.866 (current); repealed and replaced by new sections of NRS Chapters 446/585 under Assembly Bill 352 (2025 session, 83rd Session), effective July 1, 2027 for substantive provisions.
- Recent changes
- AB352 (2025) — raises the cottage food sales cap from $35,000 to $100,000/year, shifts administration from local health authorities to the state Department of Agriculture, converts registration into a license, and authorizes phone/internet sales with mail or food-delivery-platform fulfillment. A related "craft food operation" (acidified foods) cap is also raised from $35,000 to $100,000 by the same bill. Most substantive provisions take effect July 1, 2027; administrative/rulemaking provisions took effect upon passage and approval in 2025.
- Notes
- Nevada is in a multi-year transition. Until July 1, 2027, the more restrictive current regime applies ($35,000 cap, in-person-only sales, local health authority registration). After that date, AB352's regime applies ($100,000 cap, NDA license, online/phone sales, mail/delivery-platform fulfillment). Businesses should confirm with agri.nv.gov which regime is currently in force before relying on the details above, since the effective date is fixed but this document may be read well before or after it.
