Sec. 15-2. Examination of food and drink samples; condemnation of unwholesome food or drink.

   The director may take samples of food, drink, or other substances from food service facilities and examine them as often as is necessary to find wholesomeness or freedom from adulteration.

   The director may detain pending examination, condemn, or prohibit the use or sale of any food or drink which his examination discloses to be unwholesome or adulterated, and cause the food or drink to be removed or destroyed. (Mont. Co. Code 1965, § 82-2; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989L.M.C., ch. 1, § 1.)

Sec. 15-3. Inspections.

   The director must inspect each food service facility twice each year to determine compliance with this chapter. The director must resolve each complaint alleging a violation of this chapter and may conduct any other on-site visit necessary to achieve compliance with this chapter. An inspector must be permitted access to all parts of the food service facility during operating hours and at any other reasonable time must be permitted to inspect all records of food purchased to determine its source. Failure to permit inspection or comply with resulting notices is a violation of this chapter. (Mont. Co. Code 1965, § 82-3; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 1.)

Sec. 15-4. Licensee's responsibilities to monitor employees; procedure when infection is suspected.

   (a)   The licensee must monitor the food handling and hygiene of employees and enforce safe practices. The licensee must also monitor employees for overt symptoms of gastrointestinal illness and skin wounds or infections, and must take appropriate action to stop an employee with these conditions from handling food or drink or food contact surfaces.

   (b)   When the director has reasonable cause to suspect that disease may be transmitted by any food or drink in a food service facility or by any employee, the director must secure a morbidity history of each suspected employee, inspect the food service facility, obtain food or drink samples for analysis, investigate other relevant facts, and take appropriate action. An order issued under this section takes effect immediately unless the order specifies otherwise.

   (c)   The director may, when appropriate:

      (1)   Exclude an employee from all food service facilities;

      (2)   Restrict an employee to an area of a food service facility with no danger of transmitting disease;

      (3)   Close a food service facility until the director finds no further danger of disease transmission; or

      (4)   Require medical and laboratory examinations of an employee, and of an employee's blood and body discharges. (Mont. Co. Code 1965, § 82-6; 1972 L.M.C., ch. 16, § 13; 1989 L.M.C., ch. 1, § 3.)

   Editor's note-Formerly, § 15-6. Former § 15-4 specified general sanitation requirements and was derived from Mont. Co. Code 1965, § 82-4, and 1980 L.M.C., ch. 25, § 1. It was repealed by 1989 L.M.C., ch. 1, § 2.

Sec. 15-5. Nonconforming fixtures, equipment, etc.

   (a)   The director may approve the continued use of existing equipment or fixtures which do not conform to this chapter if:

      (1)   The equipment or fixture is not prohibited under this chapter or any other applicable law; and

      (2)   The equipment or fixture continues to perform in a safe and sanitary manner.

   (b)   The director may approve the use of new fixtures, materials, equipment, and methods that do not conform to this chapter if they are not prohibited under this chapter or any other applicable law. The director may require proof that the new fixtures, materials, equipment, and methods are safe and sanitary and that their design and quality are equal to or better than the requirements of this chapter. (Mont. Co. Code 1965, § 82-7; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 3.)

   Editor's note-Formerly, § 15-7. Former § 15-5, specifying sanitation requirements for itinerant establishments, was repealed by 1989 L.M.C., ch. 1, § 2. The section had been derived from Mont. Co. Code 1965, § 82-5; 1972 L.M.C., ch. 16, § 13; and 1980 L.M.C., ch. 25, § 1.

Sec. 15-6. Administration of chapter; regulations.

   (a)   This chapter is enforced by the director under the direction of the County Executive, and by their authorized agents.

   (b)   The County Executive, after holding a public hearing, may adopt regulations under method (2) to implement this chapter. These regulations may establish operating procedures for food service facilities and standards for physical plant and equipment. These regulations must not be less restrictive than regulations in effect under State law.

   (c)   These regulations must establish procedures for suspension or revocation of a license issued under this chapter. Suspension, revocation, and appeal provisions established under State law apply to a license issued under State law. (Mont. Co. Code 1965, § 82-8; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 3.)

   Note-Formerly, § 15-8.

Sec. 15-7. Violations, penalty, and injunctive relief.

   Any violations of this chapter is a class A violation. (Mont. Co. Code 1965, § 82-9; 1970 L.M.C., ch. 12, § 5; 1983 L.M.C., ch. 22, § 19; 1989 L.M.C., ch. 1, § 3.)

   Note-Formerly, § 15-9.

Sec. 15-8. License required; exemptions; certified manager required.

   (a)   A person must not operate a food service facility or a temporary food service facility without a valid license from the director. A separate license is required for each food service facility or itinerant food service facility.

   (b)    (1)   After January 15, 1989, a licensee must not operate a food service facility unless at least one employee is a certified food service manager, or is taking a course that will train the employee to be a certified food service manager.

      (2)   After July 15, 1989, a licensee must not operate a food service facility unless the facility is under the immediate control of a certified food service manager.

      (3)   This requirement does not apply to:

         (A)   A food service facility where no unwrapped food is handled; or

         (B)   A seasonal food service facility in which little or no potentially hazardous food is prepared, handled or served.

      (4)   This requirement may be applied to a temporary food service facility at the discretion of the director.

      (5)   The director may postpone or waive this requirement if in unusual circumstances its application to a particular licensee would result in undue hardship.

   (c)   A license is not requested if food or drink is:

      (1)   Prepared or provided from the homes of members of a nonprofit organization listed in subsection (d);

      (2)   Shared among the members of the organization at no charge; and

      (3)   Not served to the public.

   (d)   A license is not required for a food preparation or serving area that is used exclusively by a volunteer fire company or a nonprofit fraternal, civic, war veterans, religious, or charitable organization to serve the public if:

      (1)   No potentially hazardous food is prepared or served; and

      (2)   Food or drink is served less than 5 times a week.

   (e)   Any food preparation or serving area listed in (d) may be inspected by the director and is subject to the operational provisions of this chapter pertaining to cleanliness, water supply and waste disposal, health of personnel and the handling and wholesomeness of food and drink. (Mont. Co. Code 1965, § 82-10; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 3; 2021 L.M.C., ch. 18, §2.)

   Note-Formerly, § 15-10.