reglab/housing_qa huggingface dataset:
MT Code § 50-49-202 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 49. Food and Nutrition|Part 2. Montana Local Food Choice Act|50-49-202. Definitions

  50-49-202. Definitions. For the purposes of this part, the following definitions apply:  (1) "Deliver" means to transfer a product as a result of a transaction between a producer and an informed end consumer. The action may be performed by the producer or the producer's designated agent at a farm, ranch, home, office, traditional community social event, or another location agreed to between the producer or agent and the informed end consumer.   (2) "Home consumption" means:   (a) the consumption of food or a food product in a private home; or   (b) the consumption of food or a food product from a private home.   (3) "Homemade" means food or a food product that is prepared in a private home and that is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.   (4) "Informed end consumer" means a person who is the last person to purchase a product, does not resell the product, and has been informed that the product is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.   (5) (a) "Producer" means a person who harvests, produces, or prepares a product that may be consumed as homemade food or a homemade food product. The term includes a person operating a small dairy.   (b) The term does not include the entities listed in 50-49-203(1)(c).   (6) "Small dairy" means a place where no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep are kept for producing milk.   (7) "Traditional community social event" means an event at which people gather as part of a community for the benefit of those gathering or for the benefit of the community, including but not limited to a:   (a) wedding;   (b) funeral;   (c) church or religious social;   (d) school event;   (e) farmer's market;   (f) potluck;   (g) neighborhood gathering;   (h) club meeting or social; or   (i) youth or adult outdoor club or sporting event.   (8) "Transaction" means an exchange of buying and selling, including the transfer of a product by delivery.   History: En. Sec. 2, Ch. 320, L. 2021.
MT Code § 50-50-101 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-101. Purpose of regulation

  50-50-101. Purpose of regulation. Regulation required under this chapter is intended to prevent and eliminate conditions and practices that endanger public health.   History: En. Sec. 1, Ch. 17, L. 1967; R.C.M. 1947, 27-611; amd. Sec. 8, Ch. 239, L. 2015.
MT Code § 50-50-103 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-103. Department authorized to adopt rules -- advisory council

  50-50-103. Department authorized to adopt rules -- advisory council. (1) Except as provided in subsection (3), to protect public health, the department may adopt rules relating to:   (a) the operation of retail food establishments and cottage food operations. The rules may address sanitation standards related to food, personnel, food equipment and utensils, and facilities and may address other controls, construction and fixtures, and housekeeping.   (b) licensure of retail food establishments; and   (c) registration for cottage food operations, including the fees to be charged for registration. The department shall specify in rule any fees for farmer's markets and cottage food operations that may be imposed by a regulatory authority.   (2) The department may adopt rules regarding permitting fees, statewide standards, plans to be provided by mobile food establishments as part of a mobile food establishment's licensing requirements, and an appeals process at the state and local levels.   (3) The department and local boards of health may not adopt rules or ordinances, respectively, that prohibit:   (a) the sale of cottage food products; or   (b) the use of commercially processed wild game or fish meat in meals served by nonprofit retail food establishments pursuant to 50-50-126.   (4) (a) The department shall establish a food safety task force or advisory council to assist in the development of administrative rules or to review any proposed legislation related to the provisions of this chapter.   (b) The task force or advisory council must be composed of equal numbers of representatives of the departments of public health and human services, agriculture, and livestock and of registered sanitarians from local regulatory authorities and no more than six members of the public. Each department head shall appoint two of the public members and confer with other department heads to provide geographic representation. Each public member must be an owner or employee of a licensed retail food establishment or a representative of the food industry.   (c) The department shall present administrative rules and any legislation to be proposed by the department to the task force or advisory council prior to its proposal or introduction. When the department learns of proposed legislation related to the provisions of this chapter that has not been proposed by the department, the department shall provide copies of that legislation for review by the task force or advisory council and shall provide to the legislature any comments of the task force or advisory council.   History: En. Sec. 10, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-620(part); amd. Sec. 2, Ch. 315, L. 1995; amd. Sec. 2, Ch. 528, L. 2003; amd. Sec. 1, Ch. 482, L. 2009; amd. Sec. 1, Ch. 208, L. 2011; amd. Sec. 10, Ch. 239, L. 2015; amd. Sec. 4, Ch. 28, L. 2017.
MT Code § 50-50-104 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-104. Cooperative agreements authorized

  50-50-104. Cooperative agreements authorized. The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.   History: En. Sec. 10, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-620(part).
MT Code § 50-50-105 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-105. Diseased person not to handle food

  50-50-105. Diseased person not to handle food. A person who has a communicable disease may not work in any retail food establishment or in the handling or processing of food served to the public until a local health officer has determined that the person is free of the infectious agent or unlikely to transmit the infectious agent because of the nature of the person's work.   History: En. Sec. 9, Ch. 17, L. 1967; R.C.M. 1947, 27-619; amd. Sec. 11, Ch. 239, L. 2015.
MT Code § 50-50-106 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-106. Injunctions

  50-50-106. Injunctions. The regulatory authority may bring an action for an injunction against any continued violation of this chapter or rule adopted by the department under this chapter.   History: En. 27-615.2 by Sec. 3, Ch. 508, L. 1975; R.C.M. 1947, 27-615.2; amd. Sec. 29, Ch. 474, L. 2003.
MT Code § 50-50-107 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-107. County attorney to prosecute violations

  50-50-107. County attorney to prosecute violations. When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.   History: En. Sec. 5, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; amd. Sec. 111, Ch. 349, L. 1974; amd. Sec. 2, Ch. 508, L. 1975; R.C.M. 1947, 27-615(5); amd. Sec. 30, Ch. 474, L. 2003.
MT Code § 50-50-108 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-108. Violation -- misdemeanor

  50-50-108. Violation -- misdemeanor. A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:   (1) fined not less than $50 or more than $100 for the first offense;   (2) fined not less than $75 or more than $200 for the second offense;   (3) fined not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.   History: En. Sec. 15, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-625; amd. Sec. 31, Ch. 474, L. 2003.
MT Code § 50-50-109 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-109. Civil penalties -- injunctions not barred

  50-50-109. Civil penalties -- injunctions not barred. (1) A retail food establishment or a cottage food operation that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.   (2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter.   History: En. Sec. 7, Ch. 732, L. 1991; amd. Sec. 12, Ch. 239, L. 2015.
MT Code § 50-50-110 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-110. Costs and expenses -- recovery by department or county

  50-50-110. Costs and expenses -- recovery by department or county. In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order a retail food establishment or a cottage food operation that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter in the case of a willful violation. These costs are limited to the direct costs of investigations and other expenses.   History: En. Sec. 8, Ch. 732, L. 1991; amd. Sec. 32, Ch. 474, L. 2003; amd. Sec. 13, Ch. 239, L. 2015.
MT Code § 50-50-111 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-111. through 50-50-115 reserved

  50-50-111 through 50-50-115 reserved.
MT Code § 50-50-116 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-116. Conditions for cottage food operation exemption from licensure and routine facility inspection

  50-50-116. Conditions for cottage food operation exemption from licensure and routine facility inspection. (1) To acquire the status of not being a retail food establishment, a cottage food operation must meet the conditions in this section and shall register with a local health authority as provided in 50-50-117.   (2) A cottage food operation shall:   (a) follow department food standards as provided in rule, including applicable provisions implementing the 2013 United States food and drug administration food code;   (b) package cottage food products and label the cottage food products prior to sale, including on the label, at a minimum, the following:   (i) the name, address, city, state, and zip code of the cottage food operation;   (ii) the name of the cottage food product;   (iii) the ingredients of the cottage food product, in descending order of predominance by weight;   (iv) the net quantity, weight, count, or volume of the cottage food product;   (v) allergen labeling as specified by federal and state labeling requirements;   (vi) if a nutritional claim is made, an appropriate label if required by federal law; and   (vii) the following statement, printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background and is conspicuously placed on the principal label:   "Made in a home kitchen that is not subject to retail food establishment regulations or inspections."   (3) Providing cottage food products by consignment, including at a retail food establishment or through a wholesale establishment, is prohibited.   (4) Processing or packaging of cottage food products must be in the specific registered area of the domestic residence of the person processing or packaging the cottage food products.   (5) A cottage food operation may store cottage food products only in the registered area of the primary domestic residence used to produce the cottage food product or temporarily in a motor vehicle used to transport cottage food products.   (6) (a) A cottage food operation is subject to local health authority or state enforcement action for violations of applicable department regulations.   (b) Cottage food products may be subject to other state or federal laws or regulations.   (7) A cottage food operation that meets the requirements in this section is not a retail food establishment or a wholesale food establishment and is not subject to licensure or inspection requirements under Title 50, chapter 57, or this chapter.   History: En. Sec. 1, Ch. 239, L. 2015.
MT Code § 50-50-117 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-117. Registration of cottage food operations -- fee

  50-50-117. Registration of cottage food operations -- fee. (1) A person in charge of a cottage food operation shall register with the local health authority in the county in which the person's domestic residence is located and pay a registration fee as provided in subsection (6).   (2) A registrant shall provide:   (a) the name of the cottage food operation;   (b) the physical address of the domestic residence, as defined in 50-50-102, where the ingredients are manufactured or packaged into cottage food products and stored;   (c) a brief description of expected or known food ingredient sources;   (d) a complete list of the cottage food products manufactured or packaged; and   (e) a copy of each cottage food product label.   (3) A local health authority may request additional food safety information, if needed, and shall submit the list of additional information to the department. The additional requested information may not restrain trade through extensive registration requirements.   (4) The local health authority shall submit a copy of the approved registration to the department, which may maintain a listing of cottage food operations.   (5) If a local health authority refuses to register a cottage food operation, the provisions of 50-50-215 apply, including the requirement for notification of the cottage food operation in writing.   (6) The person in charge of the cottage food operation shall pay a nonrefundable registration fee to the county in which the cottage food operation is registered. The department shall set the registration fee by rule. The county shall deposit the registration fee with the county treasurer.   (7) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the registration of cottage food operations subject to tribal regulations. The agreement must include an appeals process if the registration is not approved.   (8) If there is not a cooperative agreement pursuant to subsection (7), a person in charge of a cottage food operation may register with the department.   History: En. Sec. 2, Ch. 239, L. 2015.
MT Code § 50-50-118 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-118. and 50-50-119 reserved

  50-50-118 and 50-50-119 reserved.
MT Code § 50-50-120 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-120. Temporary food establishment requirements

  50-50-120. Temporary food establishment requirements. (1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment:   (a) must be operated in compliance with applicable department rules; and   (b) shall obtain a permit from the local health regulatory authority on a form approved by the state.   (2) (a) A for-profit temporary food establishment shall pay a required permit fee to the local regulatory authority.   (b) A temporary food establishment operated by a nonprofit organization:   (i) is exempt from paying a permit fee; and   (ii) may sell or serve foods that meet the definition of cottage food products but is not required to register as a cottage food operation.   History: En. Sec. 3, Ch. 239, L. 2015.
MT Code § 50-50-121 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-121. Requirements for farmer's markets

  50-50-121. Requirements for farmer's markets. (1) (a) A person selling food that is not potentially hazardous, including food listed in subsection (2), at a farmer's market is not a retail food establishment.   (b) A person selling food that is not potentially hazardous or otherwise listed in subsection (2) if selling only at a farmer's market is not required to register as a cottage food operation.   (2) Foods that are not potentially hazardous or are otherwise eligible to be sold at a farmer's market include:   (a) whole shell eggs if the whole shell eggs are clean, free of cracks, and stored in clean cartons at a temperature established by the department by rule;   (b) hot coffee or hot tea if the person selling the hot coffee or hot tea does not provide or include fresh milk or cream;   (c) raw agricultural commodities; and   (d) food identified by the department by rule as not being a potentially hazardous food.   (3) A farmer's market authorized by a municipal or county authority shall keep registration records of all persons and organizations that serve or sell food exempt from licensure at the market, including food that does not meet the definition of potentially hazardous food.   (4) The registration records must include the name, address, and telephone number of the seller or server as well as the types of products sold or served and the date on which the products were sold or served.   (5) A farmer's market under this section shall make registration records available upon request to the local health authority.   (6) Food sold in a farmer's market must, if sold in a container, have a label similar to a label required of a cottage food product under 50-50-116.   History: En. Sec. 4, Ch. 239, L. 2015.
MT Code § 50-50-122 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-122. through 50-50-125 reserved

  50-50-122 through 50-50-125 reserved.
MT Code § 50-50-126 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 1. General Provisions|50-50-126. Nonprofit retail food establishments authorized to serve wild game and fish meat -- rulemaking -- definitions

  50-50-126. Nonprofit retail food establishments authorized to serve wild game and fish meat -- rulemaking -- definitions. (1) A retail food establishment that is owned and operated by a nonprofit organization may use commercially processed meat from wild game and fish taken in Montana in meals served to individuals at no charge.   (2) The department may adopt food safety rules for the implementation of this section.   (3) For the purposes of this section, the following terms apply:   (a) "Commercially processed meat" means wild game or fish processed by a person, firm, or corporation that has a valid meat establishment license pursuant to 81-9-201.   (b) "Nonprofit organization" means an organization exempt from taxation under 26 U.S.C. 501(c)(3), as amended.   History: En. Sec. 1, Ch. 28, L. 2017; amd. Sec. 30, Ch. 3, L. 2019.
MT Code § 50-50-201 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 2. Licensing|50-50-201. License or permit required

  50-50-201. License or permit required. (1) (a) Except as provided in 50-50-202 and subsection (1)(b)(i) of this section, a person operating a retail food establishment shall procure an annual license from the department.   (b) (i) A temporary food establishment described in 50-50-120(2)(a) shall obtain a permit and pay a permit fee to the local regulatory authority in the county where the temporary food establishment is operated.   (ii) For a temporary food establishment described under 50-50-102(22)(b), each time a temporary food establishment alters its menu substantially by food type and means of production, a separate permit must be obtained and a separate permit fee paid.   (2) A separate license is required for each retail food establishment, but if more than one type of retail food establishment is operated on the same premises and under the same management, only one license is required.   (3) Only one retail food establishment license is required for a person owning and operating one or more vending machines.   (4) (a) Except as provided in subsection (4)(b), a retail food establishment license issued by the department is not valid unless signed in accordance with 50-50-214.   (b) A temporary food establishment permit must be signed by the local health officer or the health officer's designee to be valid.   (5) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the licensing of a mobile retail food establishment subject to tribal regulations. The agreement must include an appeals process if the license is not validated.   (6) If there is not a cooperative agreement pursuant to subsection (5), the department may issue a license to a person operating a mobile retail food establishment.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(1) thru (3); amd. Sec. 2, Ch. 200, L. 1979; amd. Sec. 2, Ch. 199, L. 1987; amd. Sec. 12, Ch. 366, L. 1997; amd. Sec. 14, Ch. 239, L. 2015.
MT Code § 50-50-202 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 50. Retail Food Establishments|Part 2. Licensing|50-50-202. Exemptions from license requirement

  50-50-202. Exemptions from license requirement. (1) A retail food establishment owned or operated by the state or a political subdivision of the state, if that political subdivision employs a full-time sanitarian, is exempt from licensure under this chapter but shall comply with the requirements of this chapter and rules adopted by the department under this chapter. A retail food establishment under this subsection may be operated by but is not limited to a county jail, a local government-owned health care facility, a school, a state prison, or a state university.   (2) A person who exchanges foods in a nonmonetary transaction is exempt from permitting, licensure, and registration.   History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-613(6); amd. Sec. 3, Ch. 199, L. 1987; amd. Sec. 3, Ch. 315, L. 1995; amd. Sec. 3, Ch. 528, L. 2003; amd. Sec. 2, Ch. 208, L. 2011; amd. Sec. 1, Ch. 89, L. 2013; amd. Sec. 1, Ch. 94, L. 2013; amd. Sec. 2, Ch. 185, L. 2015; amd. Sec. 15, Ch. 239, L. 2015.