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 37.110.204 - FOOD SUPPLIES

Current through Register Vol. 13, July 5, 2024
(1) Food must be
				free from adulteration or other contamination and must be safe for human
				consumption. Food must be obtained from sources that comply with all laws
				relating to food and food labeling which include, but are not limited to, laws
				of the federal food and drug administration (FDA) ; environmental protection
				agency (EPA), United States department of agriculture (USDA), Montana
				department of livestock; Montana department of agriculture; and the Montana
				Food, Drug and Cosmetic Act, Title 50, chapter 31, MCA. The use of food in
				hermetically sealed containers that was not prepared in a licensed food
				manufacturing establishment is prohibited. Food prepared in a private home may
				not be used or offered for human consumption in a licensed food service
				establishment.
(2) Fluid milk and
				fluid milk products used or served must be pasteurized and must meet grade A
				quality standards. Dry milk and dry milk products must be made from pasteurized
				milk and milk products.
(3) Fresh
				and frozen shucked shellfish (oysters, clams or mussels), must be packed in
				non-returnable packages identified with the name and address of the original
				shell stock processor, shucker-packer, or repacker, and the interstate
				certification number. Shell stock and shucked shellfish must be kept in the
				container in which they were received until they are used. Each container of
				unshucked shell stock (oysters, clams or mussels) must be identified by an
				attached tag which states the name and address of the original shell stock
				processor, the kind and quantity of shell stock and the interstate
				certification number issued by the state or foreign shellfish control agency.
				Shell stock tags or labels must be retained for 90 days from the date the
				container is emptied. Molluscan shellfish that are recreationally caught must
				not be received for sale or service.
(4) Only grade B eggs or better with shell
				intact without cracks, or pasteurized liquid, frozen, or dry eggs or dry egg
				products must be used.
(5) Fish,
				other than molluscan shellfish, that are intended for consumption in their raw
				form and allowed as specified under ARM
				37.110.207(8) (b)
				 must be obtained from a supplier that
				freezes the fish or must be frozen on the premises as specified in ARM
				37.110.207(8)
				(b).
(6) Fish may not be received for sale or
				service unless they are commercially and legally caught and
				harvested.
(7) Game animals and
				exotic species may be received for sale or service if raised, slaughtered, and
				processed under a voluntary inspection program that is conducted by the agency
				that has animal health jurisdiction. The inspection of game animals and exotic
				species must include an antemortem and postmortem examination by a regulatory
				authority as provided in
				81-9-230,
				MCA.
(8) Ice for use as a food or a
				cooling medium must be made from drinking water which complies with the
				requirements in ARM
				37.110.217. After use as a cooling
				medium, ice may not be used as food.
(9) Receiving temperature of refrigerated,
				potentially hazardous food must be 41 ° F (5 ° C) or below unless
				otherwise required by law.
(10)
				Potentially hazardous food that is labeled frozen and shipped frozen by a food
				processing plant must be received frozen.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;