Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.239 - INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The local health officer or a sanitarian
				or sanitarian-in-training employed by or contracted with the local board of
				health shall perform an inspection of each food service establishment within
				the jurisdiction of the local board of health at least twice every 12 months
				unless that schedule is modified by signed agreement with the department.
				Additional inspections of the food service establishment must be performed as
				often as necessary for the enforcement of this subchapter.
(2) The local health officer, local health
				department sanitarian or sanitarian-in-training, or an authorized
				representative of the department, after proper identification, must be
				permitted to enter any food service establishment at any reasonable time for
				the purpose of making inspections to determine compliance with this subchapter
				and must be permitted to examine the records of the establishment to obtain
				information pertaining to food and supplies purchased, received, or used, or to
				persons employed.
(3) Whenever an
				inspection of a food service establishment is made, the findings must be
				recorded on an inspection form authorized by the department. The inspection
				report form must summarize the requirements of this subchapter. Inspection
				remarks must be written to reference the item violated and must state the
				correction to be made. A copy of the completed inspection report form must be
				furnished to the person in charge of the establishment at the conclusion of the
				inspection. The completed inspection report form is a public document that must
				be made available for public review or distribution upon payment of copying
				costs to any person upon request.
(4) The completed inspection report form must
				specify a reasonable period of time for the correction of the violations found
				and correction of the violations must be accomplished within the period
				specified, in accordance with the following provisions:
(a) All critical item violations must be
				corrected as soon as possible, but in any event, within 10 days following
				inspection. Critical items include the following:
(i) ARM
				37.110.203(61);
				37.110.204(1);
				37.110.206(2), (4) and
				(7);
				37.110.207(4), (5), (7), (8),
				(9), and (11) ;
				37.110.208(1), (3), (6), (7) and (8)
				(d);
				37.110.210(1), (4), (6) and (7)
				(e);
				37.110.212(10) and
				(11);
				37.110.213(9)
				(a);
				37.110.215(1), (2), (3), (13) (d), (14), (15),
				(23), (24), (25), and (28) ;
				37.110.217(1), (3) and
				(6);
				37.110.218(1);
				37.110.219(1), (2), (3) and
				(6);
				37.110.221(3);
				37.110.223(1), (4) and
				(5);
				37.110.231(1), (2), (3), (5), (6), (7), (8) and
				(9);
				37.110.232(10);
				37.110.236(3), (8), (10) and
				(11);
				37.110.240(4);
				37.10.242(1);
				37.110.252(1) and
				(2);
				37.110.253(5);
				37.110.254;
				37.110.255;
				37.110.256(3) and
				(4); and
				37.110.257(3) (c) and
				(d);