Montana Administrative Code

37.111.306 LICENSURE , RENEWAL, AND INSPECTION It is unlawful for a bed and breakfast establishment to operate without a license, as specified in 50-51-201 , MCA. Failure to procure a license may subject the operator to criminal penalties as provided in 50-51-106 , MCA, and/or ci…

37.111.307 VARIANCES An operator of a bed and breakfast establishment may request from the regulatory authority a variance to waive or modify construction or food equipment requirements contained in this subchapter. The request must be in writing, and must: demonstrate that the v…

37.111.308 PERSONNEL No person, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such a disease or while afflicted with a boil, an infected wound, diarrheal illness or acute gastrointestinal illness …

37.111.310 GUEST REGISTRATION The operator of each bed and breakfast establishment shall keep a register, entry book or card filing system containing the names and mailing addresses of every guest renting a guest room and the dates when occupied. This register, entry book or card…

37.111.312 FOOD SUPPLIES Food must be in sound condition, free from spoilage, filth or other contamination and shall be safe for human consumption. Food must be obtained from sources that comply with the applicable requirements of the Montana Food, Drug and Cosmetic Act, Title 50…

37.111.313 FOOD PROTECTION At all times, including while being stored, prepared, displayed, served or transported, food must be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, floo…

37.111.314 FOOD STORAGE Food, whether raw or prepared, if removed from the container or package in which it was obtained, must be stored in a clean, covered container except during necessary periods of preparation or service. Container covers must be impervious and nonabsorbent, …

37.111.315 FOOD PREPARATION Food must be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross contamination. Sinks used for the preparation of foods must be cleaned and …

37.111.320 FOOD EQUIPMENT AND UTENSILS Multi-use food equipment and utensils must be: constructed and repaired with safe materials, including finishing materials; corrosion resistant and nonabsorbent; and smooth , easily cleanable, and durable under conditions of normal use. Sing…

37.111.321 FOOD EQUIPMENT AND UTENSILS: CLEANING AND SANITIZATION Food contact equipment, surfaces and utensils must be cleaned and sanitized prior to food preparation for the public and after each use. Sinks, basins or other receptacles used for cleaning equipment and utensils m…

37.111.322 FOOD EQUIPMENT AND UTENSILS: STORAGE AND HANDLING Cleaned and sanitized food equipment and utensils must be handled in a way that protects them from contamination. Spoons, knives and forks must be touched only by their handles. Cups, glasses, bowls, plates and similar …

37.111.326 WATER SUPPLY AND PLUMBING An adequate and potable supply of water must be provided. Before a license may be issued, an establishment using an individual, shared or multiple user water supply must submit the following to the regulatory authority: satisfactory coliform b…

37.111.327 WASTEWATER SYSTEM An adequate and safe wastewater system must be provided for conveying, treating and disposing of all sewage. Immediate measures must be taken to alleviate health and sanitation hazards caused by wastewater at the bed and breakfast establishment when t…

37.111.328 TOILET FACILITIES Toilet facilities must be installed in accordance with the state plumbing code and must be conveniently located and accessible to employees at all times. Toilet rooms must be completely enclosed and the doors must be kept closed when they open into th…

37.111.329 HAND WASHING FACILITIES Bed and breakfast establishments serving up to 10 meals per day may use a compartment of a dishwashing sink for hand washing purposes in the kitchen. Bed and breakfast establishments serving more than 10 meals per day must have a dedicated hand …

37.111.330 SOLID WASTE AND PEST CONTROL Garbage and refuse must be kept in durable, easily cleanable, insect proof and rodent proof containers that do not leak and do not absorb liquids. Plastic bags and wet strength paper bags may be used to line these containers and they may be…

37.111.334 FLOORS, WALLS, CEILINGS AND LIGHTING The floors, walls and ceilings and attached equipment in food preparation and service areas and in employee bath rooms of bed and breakfast establishments must be fabricated from easily cleanable material and must be maintained in g…

37.111.335 LAUNDRY Laundries operated or used by a bed and breakfast establishment must be provided with: a mechanical washer and hot air tumble dryer; a hot water supply system capable of supplying water at a temperature of 120°F (49°C) to the washer during all periods of use; d…

37.111.336 HOUSEKEEPING AND MAINTENANCE Housekeeping and maintenance services must be provided a minimum of every three days and must be available on a daily basis when requested by a guest. Housekeeping and maintenance services must be provided between guest occupancies. Shared …

37.111.339 POOLS, SPAS, AND OTHER WATER FEATURES Any swimming pool, spa, or other water feature that exists in a bed and breakfast establishment for guest use must be constructed and operated in compliance with Title 50, chapter 53, MCA, and ARM 37.115.102, 37.115.103, and 37.115…

37.111.342 BLOOD -BORNE PATHOGEN PROTECTION To minimize exposure to potential blood-borne pathogens during housekeeping, maintenance, laundry or other provided services, employees shall: wear protective gloves and use an appropriate cleaning solution when cleaning up hazardous ma…

37.111.343 SAFETY Containers of poisonous or toxic materials must be prominently and distinctly labeled according to law for easy content identification and must be used according to manufacturer's directions. These materials must not be stored or used in any manner which may con…

37.111.344 PETS Pets may be present on the premises with the following restrictions: pets shall be kept out of the kitchen food preparation and dining areas during food preparation and service to the public; pets shall be kept out of the laundry area during its use; and birds sha…

37.111.350 MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES To qualify for reimbursement under 50-51-303 , MCA, the local health authority must either enter into a written, signed cooperative agreement with the department that establishes the duties and responsibilit…

37.111.501 DEFINITIONS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.504 PRECONSTRUCTION REVIEW (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; AMD, 2010 MAR p. 80, Eff. 1/15/10; REP, 2022 MAR p. 1748, Eff. 9/10/22.…

37.111.505 USE BY NON-LICENSEE: LICENSEE RESPONSIBILITY (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.506 PHYSICAL REQUIREMENTS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.515 WATER SUPPLY SYSTEM (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.516 SEWAGE TREATMENT AND DISPOSAL (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.517 SOLID WASTE (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.518 TOILETS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.521 HOUSEKEEPING, MAINTENANCE AND LAUNDRY (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.522 FOOD SERVICE (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.523 POOLS, SPAS, AND OTHER WATER FEATURES (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; AMD, 2010 MAR p. 80, Eff. 1/15/10; AMD, 2018 MAR p. 2216, …

37.111.530 SAFETY (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.531 ILLNESS OR INJURY (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.532 INSECT, RODENT AND WEED CONTROL (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.533 NONCOMPLYING PREEXISTING CAMPS AND CORRECTION PLAN (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, 50-52-103, 50-52-201, 50-52-205, 50-52-206, 50-52-207, 50-52-208, MCA History: NEW, 1985 MAR p. 2007, Eff. 12/27/85; TRANS, from DHE…

37.111.534 INSPECTIONS (REPEALED) Authorizing statute(s): 50-52-102, 50-52-301, 50-52-302, MCA Implementing statute(s): 50-52-301, 50-52-302, 50-52-303, MCA History: NEW, 1994 MAR p. 2941, Eff. 11/11/94; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.535 MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES (REPEALED) Authorizing statute(s): 50-52-302, MCA Implementing statute(s): 50-52-302, MCA History: NEW, 1994 MAR p. 2941, Eff. 11/11/94; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/2…

37.111.601 DEFINITIONS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.604 LAYOUT PLAN REVIEW (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.605 SHELTER, STRUCTURAL AND MAINTENANCE REQUIREMENTS (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.615 WATER SUPPLY SYSTEM (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.616 SEWAGE TREATMENT AND DISPOSAL (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.617 SOLID WASTE (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.618 FOOD SERVICE (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.621 INSECT, RODENT AND WEED CONTROL (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.

37.111.622 ABANDONMENT OF WORK CAMP (REPEALED) Authorizing statute(s): 50-52-102, MCA Implementing statute(s): 50-52-102, MCA History: NEW, 1985 MAR p. 934, Eff. 7/12/85; TRANS, from DHES, 2001 MAR p. 2425; REP, 2022 MAR p. 1748, Eff. 9/10/22.