Nev. Admin. Code § 587.846

Current through June 11, 2024

Section 587.846 - Requirements for approval of recipe for acidified food; certain modifications authorized without approval; recipe deemed proprietary confidential information; disclosure by Department under certain circumstances

1. To be approved by the Department for the purposes of NRS 587.695, a recipe for an acidified food must be:

(a) Included on a list of approved recipes or in an approved publication described in subsection 2 or 3 of NAC 587.840; or

(b) Approved by the Department pursuant to subsection 3.

2. Notwithstanding the provisions of subsection 1, in a recipe that calls for vinegar, the vinegar must have an acidity of 5 percent or more.

3. A person seeking approval of a recipe for an acidified food pursuant to paragraph (b) of subsection 1 or the modification of a recipe pursuant to subsection 4 must submit in writing to the Department:

(a) The recipe or modification, as applicable;

(b) Evidence satisfactory to the Department that the recipe or modification meets the requirements of this section and NRS 587.691 to 587.699, inclusive; and

(c) A letter approving the recipe or modification from a processing authority which is certified by or registered in any jurisdiction of the United States.

4. Except as otherwise provided in subsection 5, no modifications may be made to a recipe described in subsection 1 unless the Department approves of the modification, which must be submitted to the Department for approval in the manner provided in subsection 3.

5. The following modifications may be made to a recipe described in subsection 1 without seeking approval of the modification from the Department:

(a) The form of the primary ingredient or ingredients to be pickled may be altered only to make the ingredient smaller. For example, a whole cucumber can be sliced and used in a recipe for pickle spears, but a whole, unsliced cucumber cannot be prepared according to a recipe for pickle spears.

(b) The required water bath canning time may be adjusted for altitude but cannot be shortened.

(c) In a recipe that calls for vinegar, the vinegar to water ratio may be altered only by increasing the amount of vinegar.

(d) Except as otherwise provided in paragraph (e), not more than two ingredients may be added to a recipe for the purpose of flavoring the acidified food, including, without limitation, a clove of garlic or a pepper, provided that the added ingredient or ingredients will not:

(1) Alter the primary ingredient or ingredients significantly; or

(2) Change the pH of the recipe.

(e) In a recipe that calls for the addition of spice or spices to flavor the primary ingredient or ingredients, the amount of each such spice may be:

(1) Reduced or eliminated; or

(2) Increased by not more than 50 percent of the amount specified in the recipe.

6. A recipe or modification submitted to the Department for approval pursuant to subsection 2 or 3, as applicable, is deemed proprietary information, does not constitute public information and is confidential. The Department shall not disclose such information unless:

(a) The disclosure is made for the purpose of a civil, administrative or criminal investigation or hearing; and

(b) The person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.

Nev. Admin. Code § 587.846

Added to NAC by Dep't of Agricultur by R088-15A, eff. 12/21/2016

NRS 587.695, 587.699