reglab/statecodes huggingface dataset:
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 37.110.225 - FLOORS

Current through Register Vol. 13, July 5, 2024
(1) Floors and floor coverings of all food
				preparation, food storage, and utensil washing areas, and the floors of all
				walk-in refrigerating units, dressing rooms, locker rooms, toilet rooms and
				vestibules must be constructed of smooth, durable material such as sealed
				concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or
				tight wood impregnated with plastic, and shall be maintained in good repair.
				Anti-slip floor covering in areas necessary for safety reasons may be
				used.
(2) Carpeting, if used as a
				floor covering, must be of closely woven construction, properly installed,
				easily cleanable, and maintained in good repair. Carpeting is prohibited in
				food preparation, equipment washing and utensil washing areas where it would be
				exposed to large amounts of grease and water, in food storage areas, and toilet
				room areas where urinals or toilet fixtures are located.
(3) The use of sawdust, wood shavings, peanut
				hulls, or similar material as a floor covering is prohibited.
(4) Properly installed, trapped floor drains
				must be provided in floors that are water-flushed for cleaning or that receive
				discharges of water or other fluid waste from equipment, or in areas where
				pressure spray methods for cleaning equipment are used. Such floors must be
				constructed only of sealed concrete, terrazzo, ceramic tile or similar
				materials, and must be graded to drain.
(5) Mats and duckboards must be of
				nonabsorbent, grease resistant materials and of such size, design, and
				construction as to facilitate their being easily cleaned. Duckboards may not be
				used as storage racks.
(6) In all
				new or extensively remodeled establishments utilizing concrete, terrazzo,
				ceramic tile or similar flooring materials, and where water-flush cleaning
				methods are used, the junctures between walls and floors must be covered and
				sealed. In all other cases, the juncture between walls and floors may not
				present an open seam of more than 1/32 inch.
(7) Exposed utility service lines and pipes
				must be installed in a way that does not obstruct or prevent cleaning of the
				floor. In all new or extensively remodeled establishments, installation of
				exposed horizontal utility lines and pipes on the floor is
				prohibited.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.226 - WALLS AND CEILINGS

Current through Register Vol. 13, July 5, 2024
(1) Walls and
				ceilings, including doors, windows, skylights, and similar closures, must be
				maintained in good repair.
(2) The
				walls, including nonsupporting partitions, wall coverings, and ceilings of
				walk-in refrigerating units, food preparation areas, equipment washing and
				utensil washing areas, toilet rooms and vestibules must be light colored,
				smooth, nonabsorbent, and easily cleanable. Concrete or pumice blocks used for
				interior wall construction in these locations must be finished and sealed to
				provide an easily cleanable surface.
(3) Studs, joists, and rafters may not be
				exposed in walk-in refrigerating units, food preparation areas, equipment
				washing and utensil washing areas, toilet rooms and vestibules. If exposed in
				other rooms or areas, they must be finished to provide an easily cleanable
				surface.
(4) Exposed utility
				service lines and pipes must be installed in a way that does not obstruct or
				prevent cleaning of the walls and ceilings. Utility service lines and pipes may
				not be unnecessarily exposed on walls or ceilings in walk-in refrigerating
				units, food preparation areas, equipment washing and utensil washing areas,
				toilet rooms and vestibules.
(5)
				Light fixtures, vent covers, wall-mounted fans, decorative materials, and
				similar equipment attached to walls and ceilings must be easily cleanable and
				must be maintained in good repair.
(6) Wall and ceiling covering materials must
				be attached and sealed so as to be easily cleanable.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.227 - CLEANING PHYSICAL FACILITIES

Current through Register Vol. 13, July 5, 2024
(1)
				Cleaning of floors and walls, except emergency cleaning of floors, must be done
				during periods when the least amount of food is exposed, such as after closing
				or between meals. Floors, mats, duckboards, walls, ceilings, and attached
				equipment and decorative materials must be kept clean. Floors and walls must be
				cleaned by dustless methods, such as vacuum cleaning, wet cleaning, or the use
				of dust arresting sweeping compounds with brooms.
(2) In new or extensively remodeled
				establishments at least one utility sink or curbed cleaning facility with a
				floor drain must be provided and used for the cleaning of mops or similar wet
				floor cleaning tools and for the disposal of mop water or similar liquid
				wastes. The use of hand washing facilities, utensil washing or equipment
				washing, or food preparation sinks for this purpose is prohibited.
(3) When service sinks are used as a hand
				washing facility, such sinks must be located to prevent potential contamination
				of food or food contact surfaces of equipment and utensils.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.228 - LIGHTING

Current through Register Vol. 13, July 5, 2024
(1) Permanently fixed artificial light
				sources must be installed to provide at least 50 foot-candles of light on all
				food preparation surfaces and at equipment or utensil washing work
				levels.
(2) Permanently fixed
				artificial light sources must be installed to provide, at a distance of 30
				inches from the floor:
(a) at least 20
				foot-candles of light in utensil and equipment storage areas and in lavatory
				and toilet areas; and
(b) at least
				10 foot-candles of light in walk-in refrigerating units, dry food storage
				areas, and in all other areas. This requirement includes dining areas during
				cleaning operations.
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 37.110.229 - VENTILATION

Current through Register Vol. 13, July 5, 2024
(1) All rooms must have sufficient
				ventilation to keep them free of excessive heat, steam, condensation, vapors,
				obnoxious odors, smoke and fumes. When vented to the outside, the system may
				not create an unsightly, harmful or unlawful discharge.
(2) Intake and exhaust air ducts must be
				maintained to prevent the entrance of dust, dirt, and other contaminating
				materials.
(3) In new or
				extensively remodeled establishments, all rooms from which obnoxious odors,
				vapors or fumes originate must be mechanically vented to the outside.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.230 - DRESSING ROOMS AND LOCKER AREAS

Current through Register Vol. 13, July 5, 2024
(1) If food
				employees and other authorized persons routinely change clothes within the
				establishment, rooms or areas must be designated and used for that purpose.
				These designated rooms or areas may not be used for food preparation, storage
				or service, or for utensil washing or storage.
(2) Enough lockers or other suitable
				facilities must be provided and used for the orderly storage of food employee
				and other authorized person's clothing and other belongings. Lockers or other
				suitable facilities must be located in the designated dressing rooms, in food
				storage rooms, or areas containing only completely packaged food or packaged
				single-service articles.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.231 - TOXIC MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) There shall be
				present in food service establishments only those poisonous or toxic materials
				necessary for maintaining the establishment, cleaning and sanitizing equipment
				and utensils, and controlling insects and rodents. This rule does not apply to
				packaged poisonous or toxic materials that are for retail sale.
(2) Containers of poisonous or toxic
				materials and personal care items must bear a legible manufacturer's
				label.
(3) Working containers used
				for storing poisonous or toxic materials such as cleaners and sanitizers taken
				from bulk supplies must be clearly and individually identified with the common
				name of the material.
(4) Poisonous
				or toxic materials consist of the following categories:
(a) pesticides;
(b) detergents, sanitizers, related cleaning
				or drying agents, caustics, acids, polishes, and other chemicals;
(c) substances necessary for the operation
				and maintenance of the establishment such as nonfood-grade lubricants and
				personal care items that may be deleterious to health; and
(d) substances that are not necessary for the
				operation and maintenance of the establishment and are on the premises for
				retail sale, such as petroleum products and paints.
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 37.110.232 - PREMISES

Current through Register Vol. 13, July 5, 2024
(1) Food service establishments and all parts
				of property used in connection with their operations must be kept free of
				litter.
(2) The walking and driving
				surfaces of all exterior areas of food service establishments must be surfaced
				with concrete or asphalt, or with gravel or similar material effectively
				treated to facilitate maintenance and minimize dust. These surfaces must be
				graded to prevent pooling and must be kept free of litter.
(3) Only articles necessary for the operation
				and maintenance of the food service establishment must be stored on the
				premises.
(4) The traffic of
				unnecessary persons through the food preparation and utensil washing areas is
				prohibited.
(5) Any operation of a
				food service establishment may not be conducted in any room used as living
				quarters, sleeping quarters or other non-food operations. Food service
				operations must be separated from any living or sleeping quarters by complete
				partitioning and with solid self-closing doors.
(6) Laundry facilities in a food service
				establishment must be restricted to the washing and drying of linens, cloths,
				uniforms and aprons necessary to the operation. If such items are laundered on
				the premises, an electric or gas dryer must be provided and used.
(a) Separate rooms must be provided for
				laundry facilities except that such operations may be conducted in storage
				rooms containing only packaged foods or packaged single-service
				articles.
(b) A mechanical washer
				and dryer is not required if on-premise laundering is limited to wiping cloths.
				The wiping cloths may be laundered in a warewashing or service sink that is
				cleaned before and after use. If air-dried, the cloths must be dried in a
				location that prevents the contamination of food, equipment, utensils and
				linens.
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 37.110.238 - LICENSES

Current through Register Vol. 13, July 5, 2024
(1) No person may
				operate a food establishment who does not have a valid license issued by the
				department. Only a person who complies with the requirements of this subchapter
				will be entitled to receive or retain such a license. A valid license must be
				posted in every retail food establishment.
(2) Any person desiring to operate a retail
				food establishment must make written application for a license on forms
				provided by the department.
(3)
				Except for temporary food establishment permit fees set by the local health
				authority in accordance with
				50-50-205(6),
				MCA, license fees are:
(a) $85 for each
				license issued to an establishment that does not have more than two employees
				working at any one time; and
(b)
				$115 for establishments with more than two employees.
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 37.110.240 - EXAMINATION AND CONDEMNATION OF FOOD

Current through Register Vol. 13, July 5, 2024
(1) The
				owner or person in charge shall allow the regulatory authority to examine and
				sample food within the establishment at all reasonable times as is necessary
				for the enforcement of this subchapter and
				50-31-509
				and
				50-31-510,
				MCA.
(2) If the regulatory
				authority finds or has probable cause to believe that food it has examined or
				sampled is adulterated or misbranded, it shall detain or embargo the food by
				affixing a tag to it which prohibits its removal or use until permission is
				given by the regulatory authority or a court.
(3) If the regulatory authority finds that
				the food is not adulterated or misbranded, it shall authorize its release;
				however, if it finds that it is adulterated or misbranded, it shall petition a
				justice court, city court, or district court for an order condemning the food
				and authorizing its destruction.
(4) If the regulatory authority finds that a
				perishable food is unsound or contains any filthy, decomposed, or putrid
				substance or that may be poisonous or deleterious to health or otherwise
				unsafe, the regulatory authority shall immediately condemn or destroy the
				article or in any other manner render the article unsalable as human
				food.
Sec.
					 50-50-103,
					 50-50-303,
					 MCA; IMP, Sec.
					 50-50-103,
					 50-31-509,
					 MCA;
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 37.110.241 - REVIEW OF PLANS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a food
				service establishment is constructed or remodeled and whenever an existing
				structure is converted to use as a food service establishment, properly
				prepared plans and specifications for such construction, remodeling or
				conversion must be submitted to the regulatory authority for review and
				approval before construction, remodeling or conversion is begun. The plans and
				specifications must indicate the proposed layout, arrangement, mechanical
				plans, and construction materials of work areas, and the type and model of
				proposed fixed equipment and facilities. The regulatory authority shall approve
				the plans and specifications if they meet the requirements of this subchapter.
				A food service establishment may not be constructed or remodeled, and any
				existing building may not be converted into a food service establishment,
				except in accordance with plans and specifications approved by the regulatory
				authority.
(2) An existing building
				may not be used as a food service establishment and the use of one type of
				establishment may not change to another type of establishment without the prior
				approval of the regulatory authority.
(3) When a proposal to use an existing
				building as an establishment or to change the use from one type of
				establishment to another involves structural modification, plans meeting the
				requirements of (1) of this rule must be submitted to the regulatory authority
				for review and approval. If no structural modification is involved, the
				regulatory authority may waive the requirement for submission of plans if an
				inspection by the regulatory authority indicates that the proposed
				establishment meets the requirements of this subchapter.
(4) Persons operating food establishments are
				reminded that the plans and specifications must also be approved by the local
				or state building official having jurisdiction.
(5) Whenever plans and specifications are
				required by (1) of this rule to be submitted to the department, the regulatory
				authority shall inspect the food service establishment prior to the start of
				operations, to determine compliance with the approved plans and specifications
				and with the requirements of this subchapter.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.242 - SUSPECTED DISEASE TRANSMISSION: PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) When the regulatory authority has
				reasonable cause to suspect possible disease transmission by a food employee of
				a food service establishment, it may secure a morbidity history of the
				suspected food employee or make any other investigation as indicated and shall
				take appropriate action in accordance with ARM 16.28.301. The department may
				require any or all of the following measures:
(a) the immediate exclusion of the food
				employee from employment in food service establishments;
(b) restriction of the food employee's
				services to some area of the establishment where there would be no danger of
				transmitting disease;
(c) adequate
				medical and laboratory examination of the food employee and of other authorized
				persons and of his and their body discharges.
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 37.110.243 - MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES

Current through Register Vol. 13, July 5, 2024
(1) To qualify for reimbursement under
				50-50-305,
				MCA, a local board of health must either enter into a written, signed
				cooperative agreement with the department that establishes the duties and
				responsibilities of the local board of health and the department consistent
				with this subchapter, or indicate in writing to the department that each food
				establishment within the jurisdiction of the local board will be inspected at
				least twice every 12 months as specified in ARM
				37.110.239(1).
(2) Requests for cooperative agreements must
				contain the current risk analysis information required by the
				department.
(3) All local boards of
				health must meet the following criteria regardless of the existence or absence
				of a cooperative agreement:
(a) At least one
				sanitarian working with or for the local board of health must receive training
				from the department in standardized food service inspection techniques. The
				department is responsible for making training and standardization review
				available on a periodic basis;
(b)
				The local board of health must ensure that the following are done by the local
				health officer, sanitarian, or sanitarian-in-training:
(i) If a preliminary inspection is required
				under ARM 37.110.241, the food service
				establishment is inspected for compliance with this subchapter within 10 days
				after receiving notice from the department or the establishment that such a
				preliminary inspection is needed;
(ii) Each food service establishment within
				the jurisdiction of the local board of health is inspected at least twice every
				12 months, or on the schedule specified in a signed agreement with the
				department;
(iii) All the
				requirements of ARM
				37.110.239 are complied
				with;
(iv) Quarterly inspection
				reports are submitted to the department within 10 days following the close of
				each quarter of the fiscal year (1st quarter-September 30; 2nd quarter-December
				31; 3rd quarter-March 31; 4th quarter-June 30) on forms approved by the
				department;
(v) All documentation
				of enforcement of this subchapter, including but not limited to inspection
				reports, consumer complaints, illness investigations, plans of correction, and
				enforcement actions, is retained for 5 years and copies of the documentation
				are submitted or otherwise made available to the department upon
				request.
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 37.110.251 - SEPARABILITY

Current through Register Vol. 13, July 5, 2024
(1) If any provision of this subchapter is
				held invalid, all other valid provisions remain in effect.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.252 - HIGHLY SUSCEPTIBLE POPULATION

Current through Register Vol. 13, July 5, 2024
(1) In a
				food service establishment whose primary function is to serve a highly
				susceptible population as defined in ARM 37.108.203, the following food items
				may not be served:
(a) unpasteurized juice
				and dairy products;
(b) raw animal
				food such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak
				tartare;
(c) partially cooked
				animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are
				made from raw shell eggs, and meringue; and
(d) raw seed sprouts in a ready-to-eat
				form.
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 37.110.253 - VARIANCES

Current through Register Vol. 13, July 5, 2024
(1) A food service establishment may request
				a variance to waive or modify requirements of this subchapter by petitioning
				the local health authority.
(2) The
				local health authority may grant a variance by modifying or waiving the
				requirements of this chapter if in the opinion of the local health authority a
				health hazard will not result from the variance.
(3) If a variance is granted, the local
				health authority may require any of the following information for its records
				on the food establishment:
(a) a statement by
				the petitioner of the proposed variance from this subchapter's requirements,
				citing the relevant rule numbers;
(b) a rationale by the petitioner explaining
				how the potential public health hazards addressed by the relevant rules will be
				alternatively addressed by the proposal; and
(c) a hazard analysis and critical control
				point plan (HACCP) from the petitioner requesting the variance that includes
				the information required for a HACCP plan and its relevance to the variance
				requested.
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 37.110.254 - SUBMISSION OF A HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) PLAN

Current through Register Vol. 13, July 5, 2024
(1) A HACCP plan must be submitted to the
				regulatory authority for the following processes:
(a) smoking or curing food;
(b) using food additives as a method of food
				preservation rather than as a method of flavor enhancement; or
(c) packaging food using a reduced-oxygen
				packaging unless the regulatory authority finds that a barrier to Clostridium
				botulinum exists.
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 37.110.255 - CONTENTS OF A HACCP PLAN

Current through Register Vol. 13, July 5, 2024
(1) A food
				establishment that is required to submit a HACCP plan must develop, within 30
				days of receiving notice of the requirement, a HACCP plan that contains the
				following information:
(a) a categorization
				of the types of potentially hazardous foods that are specified in the menu,
				such as soups and sauces, salads, and solid foods in bulk, such as meat roasts,
				or of other foods that are specified by the regulatory authority;
(b) a flow diagram by specific food or
				category identifying critical control points and providing information on the
				following:
(i) ingredients, materials, and
				equipment used in the preparation of that food; and
(ii) formulations or recipes that delineate
				methods and procedural control measures that address the food safety concerns
				involved;
(c) food
				employee and supervisory training plan that addresses the food safety issues of
				concern;
(d) a statement of
				standard operating procedures for the plan under consideration, including
				clearly identifying the following:
(i) each
				critical control point;
(ii) the
				critical limits for each critical control point;
(iii) the method and frequency for monitoring
				and controlling each critical control point by the food employee designated by
				the person in charge;
(iv) the
				method and frequency for the person in charge to verify routinely that the food
				employee is following standard operating procedures and monitoring critical
				control points;
(v) action to be
				taken by the person in charge if the critical limits for each critical control
				point are not met; and
(vi) records
				to be maintained by the person in charge to demonstrate that the HACCP plan is
				properly operated and managed; and
(e) additional scientific data or other
				information, as required by the regulatory authority, supporting the
				determination that food safety is not compromised by the proposal.
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 37.110.256 - MOBILE FOOD SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Mobile food
				services must comply with all requirements of this subchapter unless otherwise
				specified in this rule.
(2) Mobile
				food services must provide only single-service articles for use by the
				consumer.
(3) Mobile food services
				requiring a water system must have a potable water system under pressure and
				must be of sufficient capacity to furnish enough hot and cold water for food
				preparation, utensil cleaning and sanitizing, and hand washing, in accordance
				with ARM 37.110.217. Additionally:
(a) The water inlet must be located so that
				it will not be contaminated by waste discharge, road dust, oil, or grease; be
				kept capped unless being filled; and be provided with a transition connection
				of a size or type that will prevent its use for any other service;
(b) All water distribution pipes or tubing
				must be constructed and installed in accordance with ARM
				37.110.219.
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 37.110.257 - PUSHCARTS

Current through Register Vol. 13, July 5, 2024
(1) Pushcarts must operate in accordance with
				ARM 37.110.256.
(2) Additionally, pushcarts must have a
				servicing area which must include at least an overhead protection for any
				supplying, cleaning, or servicing operation. Within the servicing area, there
				must be a location provided for the flushing and drainage of liquid wastes
				separate from the location provided for potable water servicing and for the
				loading and unloading of food and related supplies. A servicing area is not
				required when only packaged food is placed on the pushcart.
(3) The servicing area must be constructed
				and equipped as follows:
(a) The floor
				surface of the servicing area must be constructed of a smooth nonabsorbent
				material, such as concrete or machine-laid asphalt and must be maintained in
				good repair, kept clean, and be graded to drain;
(b) The construction of the walls and
				ceilings of the servicing area is exempted from the requirements of ARM
				37.110.226;
(c) Potable water servicing equipment must be
				installed according to ARM
				37.110.217 and
				37.110.219 and must be stored and
				handled in a way that protects the water and equipment from
				contamination;
(d) The liquid waste
				retention tank, where used, must be thoroughly flushed and drained during the
				servicing operation, and all liquid waste must be discharged to a sanitary
				sewerage disposal system in accordance with ARM Title 17, chapter 38,
				subchapter 1.
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 37.110.258 - SEMIPERMANENT FOOD SERVICE ESTABLISHMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Semipermanent food service establishments must comply with this subchapter and
				ARM 37.110.256(1) through
				(8).
(2) Additionally, semipermanent food service
				establishments must be located within 200 feet of a restroom facility for food
				employees. The restroom facility must be accessible during all hours of
				operation.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
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 37.110.259 - PERISHABLE FOOD VENDING MACHINES

Current through Register Vol. 13, July 5, 2024
(1)
				Perishable food vending machines must comply with all requirements of this
				subchapter.
(2) Additionally, all
				foods, beverages and ingredients offered for sale through perishable food
				vending machines must be manufactured, processed and prepared in a fixed food
				service establishment that complies with this subchapter or subchapter 3
				regarding food manufacturing establishments.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.301

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.302

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.303

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 50-50-301,
					 50-50-302,
					 MCA IMP:
					 50-50-103,
					 50-50-301,
					 50-50-302,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.304 - INTRODUCTION

Current through Register Vol. 13, July 5, 2024
(1) This subchapter regulates wholesale food
				establishments, as stated in Title 50, chapter 57, MCA. These rules reflect the
				most recent scientific information, align the regulations with other states,
				and correspond to the extent feasible with the retail food rules.
AUTH:
					 50-57-103,
					 MCA; IMP:
					 50-57-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.305 - INCORPORATION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) The Department
				of Public Health and Human Services (department) adopts and incorporates by
				reference the Food and Consumer Safety (FCS) Circular 2-2019 for wholesale food
				establishments. This publication may be reviewed online at:
				https://dphhs.mt.gov/publichealth/FCSS/WholesaleFoodEstablishments, or by
				contacting DPHHS-FCSS, 1400 Broadway Street, Helena, MT 59620. The circular is
				modeled after the 2015 Montana retail food rule, 2013 U.S. Food and Drug
				Administration "Food Code," and Montana food standards contained in ARM Title
				37, chapter 110, subchapter 1.
AUTH:
					 50-57-103,
					 MCA; IMP:
					 50-57-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.306 - LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Any person applying to operate a
				wholesale food establishment must complete and submit a written application for
				a license on a form provided by the department. License application forms are
				available through the local health authority in the county where the activity
				is being proposed.
(2) A license
				applicant or legal licensee must submit to the regulatory authority properly
				prepared plans and specifications for review and approval before:
(a) construction of a new food
				establishment;
(b) conversion of an
				existing structure for use as a food establishment;
(c) significant remodeling of an existing
				food establishment, as determined by the regulatory authority;
(d) significant change in licensing subtype
				from low-risk food processing to high-risk food processing, as determined by
				the regulatory authority; or
(e) a
				proposed change in legal ownership of an existing food establishment, as
				determined by the regulatory authority.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.307 - INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The local health officer, registered
				sanitarian, or sanitarian-in-training employed by or contracted with the local
				board of health must perform an inspection of each wholesale food establishment
				within the jurisdiction of the local board of health at least once every 12
				months. Additional inspections of the food service establishment must be
				performed as often as necessary for the enforcement of this
				subchapter.
AUTH:
					 50-57-103,
					 MCA; IMP:
					 50-57-103,
					 50-57-301,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.310

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.311

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.312

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.313 - MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES

Current through Register Vol. 13, July 5, 2024
(1) To qualify for reimbursement under
				50-57-305,
				MCA, a local board of health will perform inspections as specified in this
				subchapter or enter into a written, signed cooperative agreement with the
				department that establishes the duties and responsibilities of the local board
				of health and the department consistent with this subchapter.
(2) All local boards of health must meet the
				following criteria:
(a) At least one
				sanitarian working with or for the local board of health must receive training
				from the department in standardized food inspections. The department is
				responsible for making training and standardization available on a periodic
				basis.
(b) Reporting of inspection
				dates must be documented in a manner and frequency approved by the
				department.
(c) All documentation
				of enforcement of this subchapter including inspection reports, consumer
				complaints, illness investigations, plans of correction, issuances of
				variances, and enforcement actions must be retained for five years and be
				submitted or otherwise made available to the department upon request.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.315 - CERTIFICATE OF FREE SALE

Current through Register Vol. 13, July 5, 2024
(1) Requirements
				for issuance of a Certificate of Free Sale (CFS) by the department or local
				regulatory authority are:
(a) all certificate
				applicants must possess a valid wholesale food license;
(b) a CFS will be issued only for license
				subtypes listed on the issued license;
(c) a CFS will only be issued for compliance
				with general good food manufacturing practices regulated in this subchapter,
				and not for the specific food manufacturing regulations stated in ARM
				37.110.101;
(d) products for certification must not be
				under or pending any known embargo, detainment, or litigation by the regulatory
				authority, U.S. Food and Drug Administration (USFDA), or other enforcement
				action by health or safety authorities recognized by the department, including
				local, state, or federal judicial orders;
(e) prior to issuing a CFS, the certificate
				applicant will provide to the department or local regulatory authority a signed
				statement that certifies to the best of their knowledge the products are not
				pending any known embargo, detainment, or litigation by a local regulatory
				authority, the department, or USFDA, or local, state, or federal judicial
				orders;
(f) certificate applicants
				that request a CFS must have been inspected by the regulatory authority within
				the inspection frequency stated in ARM 37.110.307;
(g) certificate applicants must be in
				substantial compliance, and not have any uncorrected critical or priority
				violations of applicable food safety laws and rules;
(h) a CFS will be issued in a format approved
				by the department that specifies:
(i) plant
				location where the products were processed;
(ii) date the plant was inspected, and found
				in substantial compliance, without any uncorrected critical or priority
				violations of applicable food safety laws and rules;
(iii) only known facts about the products,
				and conditions found during the inspection;
(iv) the inspection was not conducted to
				assess compliance with federal good manufacturing practices, only for
				compliance with Montana wholesale food rules;
(v) the issued document is clearly titled
				"Certificate of Free Sale"; and
(vi) the certificate does not imply or
				express any testimonials regarding product warranty;
(i) the applicant must provide the department
				or local regulatory authority with information for a CFS on a form provided and
				approved by the department;
(j)
				certificate applicant must currently be registered with USFDA, if products are
				shipped out of state, or outside the United States;
(k) the CFS will be issued in the order the
				requests are received, and provided in accordance with department or local
				regulatory authority resources in the timeliest manner possible; and
(l) the department or local regulatory
				authority will deliver CFSs by the U.S. Postal Service.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.318

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.319

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.320

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.321

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.323

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.330

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.331

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.332

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.333

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.340

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.341

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.342

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.347

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.348

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.350

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.351

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.352

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.353

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.354

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.355

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.360

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.361

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.3 - Food Manufacturing Establishments › Rule 37.110.362

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-50-103,
					 MCA IMP:
					 50-50-103,
					 MCA