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(a) An eating and drinking establishment that is required to be under the immediate control of a certified food service manager under Section 15-8 must have on the premises at all times when food is being prepared or served, an employee who has completed a food allergen awareness training course and passed a test approved by the Department.
(b) The Department must make available a list of approved online and in-person food allergen awareness training courses. (2016 L.M.C., ch. 32, §1.)
Editor’s note—County Council Resolution No. 18-659 adopted food allergen awareness training as a Board of Health Regulation effective July 1, 2017.
(a) Definitions. In this Section, the following terms have the meanings indicated.
Children’s meal means a combination of food items, or a combination of food items and a beverage, that a food service facility:
(1) offers for sale as a unit; and
(2) includes on its children’s menu, or otherwise offers for consumption primarily by children.
Children’s meal does not include a combination of food items, or a combination of food items and a beverage, prepackaged and offered for sale by an entity other than a food service facility.
Default beverage means a beverage that a food service facility provides automatically with a children’s meal, unless the customer requests a different beverage.
Healthy children’s meal means a children’s meal that contains no more than:
(1) 600 calories;
(2) 700 milligrams of sodium;
(3) 35% of calories from total sugars;
(4) 35% of calories from fat;
(5) 10% of calories from saturated fat; and
(6) 0.5 grams of trans fat.
Lean protein means a serving of protein that contains 10% or less in saturated fat.
(b) Children’s meals – healthy option required. A food service facility that offers for sale a children’s meal must offer for sale at least one healthy children’s meal.
(c) Healthy children’s meals – options. The healthy children’s meal required under subsection (b) must include two or more of the following options:
(1) ¼ cup or more of unfried fruit or unfried vegetables, excluding juice, condiments, or spreads;
(2) a whole grain product that:
(A) contains, by weight, 51% or more of whole grain ingredients; or
(B) lists whole grain as the first ingredient in its ingredient list required by the U.S. Food and Drug Administration; or
(3) a lean protein consisting of:
(A) one ounce or more of meat, seafood, nuts, seeds, beans, or peas;
(B) one egg;
(C) ½ cup of nonfat or 1% milk or low-fat yogurt, or 1 ounce of reduced fat cheese; or
(D) a plant-based, nondairy alternative that:
(i) contains the same amount of protein as, or more protein than, an item under this paragraph; and
(ii) is fortified with calcium and Vitamin D.
(d) Children’s beverages – healthy default beverage required. A food service facility that offers for sale a children’s meal with a beverage must include as the default beverage one or more of the following options:
(1) water or sparkling water, with no added natural or artificial sweeteners;
(2) 8 ounces or less of unflavored nonfat or 1% milk, or a non-dairy equivalent with no added natural or artificial sweeteners; or
(3) 8 ounces or less of the following, with no added natural or artificial sweeteners:
(A) 100% fruit or vegetable juice;
(B) a combination of 100% fruit and vegetable juice; or
(C) a combination of 100% fruit or vegetable juice with water or sparkling water.
(e) Preservation of consumer choice. This Section must not be construed to prohibit a customer from purchasing, or a food service facility from selling, a children’s meal that:
(1) is not a healthy children’s meal; or
(2) does not contain the foods or beverages listed under subsections (c) and (d).
(f) Educational outreach. The Director must create and disseminate written informational resources and signage that summarizes, in multiple languages including Spanish, the requirements of this Section. (2022 L.M.C., ch. 8, §1.)
Editor’s note—2022 L.M.C., ch. 8, §2, states: Sec. 2. Effective Date. Subsections (a), (d), (e), and (f) of Section 15-15C, added under Section 1 of this Act, must take effect 1 year after the Act becomes law. Subsections (b) and (c) of Section 15-15C, added under Section 1 of this Act, must take effect 18 months after the Act becomes law.
(a) A license issued under this chapter may be temporarily suspended or permanently revoked by the director for violation of this chapter, State regulations governing food service facilities, orother federal, state, or local laws. Notice of each violation must be in writing and delivered or mailed to the licensee, manager, or person in charge of the facility. The violation must be corrected within the time specified in the notice, or the director may suspend or revoke the license.
(b) When it is imperative to preserve the immediate health and safety of the community, the director may summarily revoke or suspend a license without the notice prescribed in subsection (a), and may direct that the facility be closed to the public until the hazard is corrected. (Mont. Co. Code 1965, § 82-16; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 3.)
Any person whose license has been suspended or revoked under section 15-16 may, at any time thereafter, apply to the director in writing for reinstatement of the license. Upon receipt of an application, the Director must inspect the facility and, if the facility complies with this chapter, must reinstate the license. (Mont. Co. Code 1965, § 82-17; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 25, § 1; 1989 L.M.C., ch. 1, § 3.)
Any person aggrieved by suspension or revocation of a license under this chapter may, within 10 days, appeal to the County Board of Appeals under sections 2-108 to 2-116. An appeal does not stay the suspension or revocation of the license, unless the Board of Appeals grants a stay upon application of the person filing the appeal. (Mont. Co. Code, 1965, § 82-18; 1989 L.M.C., ch. 1, § 3.)