Title 50, Title 50

A person who has a communicable disease may not work in any retail food establishment or in the handling or processing of food served to the public until a local health officer has determined that the person is free of the infectious agent or unlikely to transmit the infectious a…

The regulatory authority may bring an action for an injunction against any continued violation of this chapter or rule adopted by the department under this chapter.

When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule effective under this chapter.

A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be: (1) fined not less than $50 or more than $100 for the first offense; (2) fined not le…

(1) A retail food establishment or a cottage food operation that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500. (2) Civil action to impose penalties, as provided under this section, does not bar …

In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order a retail food establishment or a cottage food operation that is found in violation of this chapter or rules adopted under this chapter to pay …

(1) To acquire the status of not being a retail food establishment, a cottage food operation must meet the conditions in this section and shall register with a local health authority as provided in 50-50-117. (2) A cottage food operation shall: (a) follow department food standard…

(1) A person in charge of a cottage food operation shall register with the local health authority in the county in which the person's domestic residence is located and pay a registration fee as provided in subsection (6). (2) A registrant shall provide: (a) the name of the cottag…

(1) Whether for-profit or operated by a nonprofit organization, a temporary food establishment: (a) must be operated in compliance with applicable department rules; and (b) shall obtain a permit from the local health regulatory authority on a form approved by the state. (2) (a) A…

(1) (a) A person selling food that is not potentially hazardous, including food listed in subsection (2), at a farmer's market is not a retail food establishment. (b) A person selling food that is not potentially hazardous or otherwise listed in subsection (2) if selling only at …

(1) A retail food establishment that is owned and operated by a nonprofit organization may use commercially processed meat from wild game and fish taken in Montana in meals served to individuals at no charge. (2) The department may adopt food safety rules for the implementation o…

(1) (a) Except as provided in 50-50-202 and subsection (1)(b)(i) of this section, a person operating a retail food establishment shall procure an annual license from the department. (b) (i) A temporary food establishment described in 50-50-120(2)(a) shall obtain a permit and pay …

(1) A retail food establishment owned or operated by the state or a political subdivision of the state, if that political subdivision employs a full-time sanitarian, is exempt from licensure under this chapter but shall comply with the requirements of this chapter and rules adopt…

(1) Except as provided in subsection (2), an application for a retail food establishment license must be: (a) made to the department on forms and contain information required by the department; or (b) filed using an application for a license that is in compliance with rules estab…

Licenses shall be granted as a matter of right unless grounds for denial or cancellation exist.

(1) (a) Except as provided in subsection (6) or (7), the department shall collect for each license issued or renewed a fee as provided in subsection (1)(b). Of the fees collected under this section, 90% must be deposited into the local board inspection fund account created in 50-…

Licenses are not transferable or applicable to any premises other than that for which the license was issued.

(1) Except as provided in subsection (2), licenses expire on December 31 following the date of issue unless canceled for cause. (2) License renewals provided for in 16-11-122, 30-12-203(5)(a), 50-50-201, 80-7-106, and 82-15-105 expire on the anniversary date established by rule b…

Before June 1 of each year, the local board of health shall submit to the department a list of the licensed retail food establishments, excluding temporary food establishments, in each jurisdiction. The local board of health also shall submit to the department a list of cottage f…

(1) Except as provided in subsection (2), the department may cancel the license of a retail food establishment if the department finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or re…

Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be…

(1) The department may not deny or cancel the license of a retail food establishment without delivering to the applicant or licensee a written statement of the grounds for cancellation or denial or the charge involved and an opportunity to answer at a hearing before the departmen…

When a multiple-type retail food establishment is licensed by the department, the denial or cancellation of the license may affect the entire establishment or only a portion as determined by the department. A multiple-type retail food establishment, including a mobile food establ…

On cancellation of the license of a retail food establishment or the right to operate one or more of the multiple-type retail food establishments under the same license, the license certificate must be returned to the department for destruction or deletion of types of establishme…

(1) (a) A retail food establishment license issued by the department under this chapter is not valid until signed by the local health officer in the county where the retail food establishment is located or until the license is otherwise validated by the local health officer and i…

(1) (a) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing this chapter are not satisfied. If the local health officer refuses to validate the license, the office…

There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.

As a requirement for licensure, a water hauler may obtain potable water only from an approved public water supply system, as defined in 75-6-102, or from sources approved and adopted by the department by rule.

(1) State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of retail food establishments once a year and make reports to the department as required under rules adopted by the department. An inspection may be …

(1) State and local health officers, sanitarians-in-training, and sanitarians must be provided free access to retail food establishments licensed or permitted under this chapter at all reasonable hours for the purpose of conducting investigations and inspections as required under…

A licensee or a registrant under Title 50, chapter 50, part 2, shall furnish food samples for analysis as required by rules adopted by the department.

If a state or local health officer, sanitarian, or other authorized person finds food that is capable of causing food-borne illness, that person shall issue a report in writing recommending that the food be withheld from sale to the public. A duplicate copy of the report, properl…

(1) Subject to the provisions of subsection (2), before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount from the local board inspection fund account created in 50-2-108 that must be used on…

(1) The owner or operator of an establishment, as defined in this chapter, shall not receive the carcass of a game animal, game bird, or any quarter, half, or whole carcass of beef or veal unless: (a) it is properly stamped or tagged; or (b) a written declaration is filed by the …

A person who owns or operates a frozen food plant that offers individual compartments to the public is not responsible for violation of game laws by persons who rent locker space from the owner or operator.

The liability for loss of food by the owner or operator of a frozen food plant that offers individual compartments to the public is limited to negligence in operation or negligence of the owner's or operator's employees.