37.110.510    MANUFACTURE OF COTTAGE FOOD PRODUCTS

(1) Cottage food products must be safe, unadulterated, honestly presented, and:

(a) must be offered for human consumption in a way that does not mislead or misinform the consumer;

(b) food or color additives and colored overwraps may not be used to misrepresent the true quality of a cottage food product, although dying cookies or other similar products and/or wrapping them for a theme such as a green cookie for St. Patrick's Day or a popcorn ball wrapped in red plastic for Christmas is allowed.

(2) Food must be obtained from approved sources, including:

(a) retail and wholesale establishments licensed by the state of Montana;

(b) fluid and dry milk products must:

(i) be obtained pasteurized; and

(ii) comply with grade A standards.

(c) In many cases local farm products are considered approved sources; consult with your local health authority to make determinations on a case-by-case basis.

(3) Eggs and dairy ingredients must be stored under refrigeration.

(4) Upon receiving food packages from an approved source, food packages must be maintained in good condition and protect the integrity of the contents so the food is not exposed to adulteration or potential contaminants.

(5) Cottage food operators must minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.

(6) Cottage food operators may not contact exposed, ready-to-eat food with their bare hands, and must use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.

(7) A cottage food operator may not use a utensil more than once to taste cottage food products or ingredients that are to be sold or served.

(8) Food contact surfaces must be easily cleanable.

(9) Food must only contact surfaces of equipment and utensils that are cleaned and sanitized as specified:

(a) equipment food-contact surfaces and utensils must be clean to sight and touch;

(b) food-contact surfaces of cooking equipment and pans must be kept free of encrusted grease deposits and other soil accumulations.

(c) To the extent practicable, cottage food manufacturers should either dip utensils, dishes, and equipment in a 100 ppm chlorine bleach solution (or other approved sanitizer) and allow to air dry, or use the sanitizing cycle of a dishwasher.

(10) Toxic chemicals such as household cleaners, concentrated bleach, and pesticides must be stored in a way that will not contaminate food, food-preparation areas, and food-contact surfaces.

History: 50-50-103, MCA; IMP, 50-50-103, 50-50-116, MCA; NEW, 2015 MAR p. 1494, Eff. 9/25/15.