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,
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)