| HOME | SEARCH | ABOUT US | CONTACT US | HELP | ||
 |
 |
|
|
| Montana Administrative Register Notice 37-997 | No. 15 08/05/2022 | |
|
||
| Prev | Next | ||
|
BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. The Department of Public Health and Human Services proposes to repeal the above-stated rules.
2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Public Health and Human Services no later than 5:00 p.m. on August 11, 2022, to advise us of the nature of the accommodation that you need. Please contact Kassie Thompson, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].
3. The department proposes to repeal the following rules:
37.110.401 DEFINITIONS
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.402 SAMPLING, HEARING, DISPOSAL
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.405 FOOD, BEVERAGE AND INGREDIENT REQUIREMENTS: GENERAL
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.406 PERISHABLES AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.407 MILK AND MILK PRODUCTS
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.410 NONPERISHABLE FOOD MACHINES
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.411 SINGLE-SERVICE CONTAINERS
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.412 MACHINE LOCATION
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.413 MACHINE CONSTRUCTION: EXTERIOR
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.414 MACHINE CONSTRUCTION: INTERIOR
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.420 WATER SUPPLY
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.421 WASTE DISPOSAL
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.422 TRANSPORTATION
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA 37.110.427 EMPLOYEE REQUIREMENTS
AUTH: 50-50-103, MCA IMP: 50-50-103, MCA
37.110.428 INSPECTIONS
AUTH: 50-50-103, 50-50-305, MCA IMP: 50-50-301, 50-50-302, 50-50-305 MCA
37.110.429 MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES
AUTH: 50-50-305, MCA IMP: 50-50-305, MCA
4. STATEMENT OF REASONABLE NECESSITY
The department is proposing to repeal the above-referenced rules pertaining to food and beverage vending. These rules have not been significantly updated since 1972. Since that time, the department has adopted separate regulations governing retail food establishments. See ARM Title 37, chapter 110, subchapter 2. Under the retail food establishment rules, the sale of perishable food through a vending machine is a retail transaction and requires a retail food license. The retail food rules also address the safe preparation and storage of food, including food sold or dispensed through vending machines. The department is proposing to repeal the vending machine rules because they are outdated and unnecessary given the requirements contained under the retail food rules.
Fiscal Impact
The department anticipates no fiscal impact regarding the proposed rulemaking.
5. The department intends to repeal these rules effective upon the day after the date of publication of the adoption notice.
6. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kassie Thompson, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on September 2, 2022. Comments may also be faxed to (406) 444-9744 or e-mailed to [email protected].
7. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kassie Thompson at the above address no later than 5:00 p.m., September 2, 2022.
8. If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 769 persons based on the 7,696 licensed retail food establishments in Montana.
9. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. With regard to the requirements of 2-4-111, MCA, the department has determined that the repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ ROBERT LISHMAN /s/ CHARLES T. BRERETON Robert Lishman Charles T. Brereton, Director Rule Reviewer Department of Public Health and Human Services
Certified to the Secretary of State July 26, 2022.
|
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
