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 37.110.236 - TEMPORARY FOOD SERVICE ESTABLISHMENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				temporary food service establishment must comply with the requirements of this
				subchapter, except as otherwise provided in this rule. The regulatory authority
				may impose additional requirements to protect against health hazards related to
				the conduct of the temporary food service establishment, may prohibit the sale
				of some or all potentially hazardous foods, and when no health hazard will
				result, may waive or modify requirements of this subchapter.
(2) Subsections (3) through (14) of this rule
				are applicable whenever a temporary food service establishment is permitted,
				under the provisions of (1) of this rule, to operate without complying with all
				the requirements of this subchapter.
(3) Only those potentially hazardous foods
				requiring limited preparation, such as hamburgers and frankfurters that only
				require seasoning and cooking, must be prepared or served. The preparation or
				service of other potentially hazardous foods, including pastries filled with
				cream or synthetic cream, custards, and similar products, and salads or
				sandwiches containing meat, poultry, eggs or fish is prohibited. This
				prohibition does not apply to any potentially hazardous food that has been
				prepared and packaged under conditions meeting the requirements of this
				subchapter, is obtained in individual servings, is stored at a temperature of
				41 º F (5 º C) or below, or as specified in ARM
				37.110.203(61),
				or at a temperature of 135 º F (57.2 º C) or above in facilities
				meeting the requirements of this subchapter, and is served directly in the
				unopened container in which it was packaged.
(4) Ice that is consumed or that contacts
				food must be made under conditions meeting the requirements of this subchapter.
				The ice must be obtained only in chipped, crushed, or cubed form and in
				single-use safe plastic or wet-strength paper bags filled and sealed at the
				point of manufacture. The ice must be held in these bags until it is dispensed
				in a way that protects it from contamination.
(5) Equipment must be located and installed
				in a way that prevents food contamination and that also facilitates cleaning
				the establishment.
(6) Food contact
				surfaces of equipment must be protected from contamination by consumers and
				other contaminating agents. Effective shields for such equipment must be
				provided, as necessary, to prevent contamination.
(7) All temporary food service establishments
				without effective facilities for cleaning and sanitizing tableware must provide
				only single-service articles for use by the consumer.
(8) Enough potable water that complies with
				ARM 37.110.217(3) 
				must be available in the establishment for food preparation, for cleaning and
				sanitizing utensils and equipment, and for hand washing. A heating facility
				capable of producing enough hot water for these purposes shall be provided on
				the premises.
(9) Storage of
				packaged food in contact with water or undrained ice is prohibited. Wrapped
				sandwiches may not be stored in direct contact with ice.
(10) All sewage, including liquid waste, must
				be disposed of by a lawfully constructed and operated public sewage disposal
				system, by approved portable toilet units with acceptable final waste disposal,
				or by properly constructed pit privies.
(11) A convenient hand washing facility must
				be available for food employee hand washing. This facility must consist of, at
				least, warm running water, soap, and individual paper towels.
(12) Floors shall be constructed of concrete,
				asphalt, tight wood, or other similar cleanable material kept in good repair.
				Dirt or gravel, when graded to drain, may be used as subflooring when covered
				with clean, removable platforms or duckboards, or covered with wood chips,
				shavings or other suitable materials effectively treated to control
				dust.
(13) Ceilings must be made of
				wood, canvas, or other material that protects the interior of the establishment
				from the weather. Walls and ceilings of food preparation areas must be
				constructed in a way that prevents the entrance of insects. Doors to food
				preparation areas must be solid or screened and must be self-closing. Screening
				material used for walls, doors, or windows must be at least 16 mesh to the
				inch.
(14) Counter service openings
				must not be larger than necessary for the particular operation conducted. These
				openings must be provided with tight-fitting solid or screened doors or windows
				or must be provided with fans installed and operated to restrict the entrance
				of flying insects. Counter service openings must be kept closed, except when in
				actual use.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;