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:

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(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.