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37.110.232    PREMISES

(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.

(7) Clean clothes and linens must be stored in a clean place and protected from contamination until used.

(8) Soiled clothes and linens must be stored in non-absorbent containers or washable laundry bags until removed for laundering.

(9) Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment must be maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and must be stored in an orderly manner for the cleaning of that storage location.

(10) Except as specified in (11) , live animals are prohibited from the premises of a food establishment.

(11) Live animals may be allowed in the following situations if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles will not occur:

(a) edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;

(b) patrol dogs accompanying police or security officers in offices and dining rooms, sales and storage areas, and sentry dogs running loose in outside fenced areas;

(c) in areas that are not used for food preparation such as dining and sales areas, support animals such as guide dogs that are trained to assist a food employee or other person who is disabled, are controlled by the disabled food employee or disabled person and are not allowed to be on seats or tables;

(d) live or dead fish bait that is stored so that contamination of food, clean equipment, utensils and linens, and unwrapped single-service and single-use articles will not occur; and

(e) pets in the common dining areas of group residences at times other than during meals if:

(i) a partition of self-closing doors separate the common dining areas from food storage or food preparation areas;

(ii) condiments, equipment and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and

(iii) dining areas including tables, countertops and similar surfaces are effectively cleaned before the next meal service.

History: Sec. 50-50-103, MCA; IMP, Sec. 50-50-103, MCA; NEW, 1979 MAR p. 677, Eff. 7/13/79; AMD, 1985 MAR p. 928, Eff. 7/12/85; TRANS & AMD, 2000 MAR p. 3201, Eff. 11/23/00.

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