Food Service

Anytime food or beverage is served to the public, with or without a charge, a state food purveyor’s license, local permit, or cottage food registration must be obtained. The only exceptions to this rule are non-profits that serve less than 4 days per year, and people that serve items that are commercially prepackaged which do not require refrigeration like canned soda, bags of chips, wrapped candy, etcetera. If the items are open, or if they must be kept cold or hot for safety, a license must be obtained.

Well! Welcome to the food service community. We are excited you’d like to join the ranks of the wonderful food purveyors cooking up delectable delights in Missoula. The first thing you need to do is find a kitchen space, figure out your equipment, menu and cooking process, and then put all of this information together in what’s called a plan review application which you submit to the health department.

Many places! You can find any of our plan review applications on our website. You can also call 406.258.4755, or email [email protected] to have one sent to you. And of course, you can come visit us at 301 W. Alder, 2nd floor, and pick one up in person.

Wow… this is a really tough question to answer. Reason being, there is no one size fits all kitchen. The kitchen requirements can vary significantly depending on menu, operation, and volume of food. Think about it… different foods and cooking processes require different kinds of equipment. Different kinds of equipment require different types of plumbing, ventilation, and different amounts of space. Also, different processes may require less equipment, space, sinks than another. However—don’t despair! We can give you the most basic spring board from which to launch.

All kitchens need the following:

• Hand sinks in all food preparation, service, and dishwashing areas.
• An air gapped three-compartment sink.
• Adequate mechanical refrigeration or freezer space.
• Commercial cooking and preparation equipment to support the menu proposed.
• Adequate ventilation for heat producing pieces of equipment.
• Floors, walls, ceilings, and food prep surfaces that are smooth, cleanable, durable and non-absorbent.
• An air gapped food prep sink if fruits and vegetables need to be washed, or food needs to be rinsed, drained, or thawed or cooled using cool water.

Using residential equipment in a commercial facility is like using a knife blade to tighten a screw; while it may work initially, sooner or later you’ll get to the point where it doesn’t, or it becomes unsafe. The commercial equipment requirement is to make sure that the units you pick are designed to hold up under your intended use and be easily cleanable. Usually the NSF certification gives you, and us, assurance that equipment can meet those conditions; however, equipment does not have to be NSF certified. There are many other agencies that evaluate commercial equipment, and sometimes, manufacturers will back the equipment to those standards without them being evaluated. Bottom line is: you provide us the spec sheet on the equipment that tells us it meets requirements and your intended use, and we can approve it.

Plan review is really just what it sounds—a plan. It’s you going through the motions to make sure that you have everything you need to operate safely, to make sure nothing has been forgotten, and make yourself look at logistics.
For us, it’s a tool and a service we provide to you. When you turn in your application, we look at whether or not you have the equipment you need to make the menu items you want to offer. Then we look at how the equipment, sinks, hoods, and other spaces work in the facility. Is there ventilation where it needs to be? Are the hand sinks in the right places so that crucial hand washes aren’t missed? Is there enough storage space? Have you located everything so that dirty tasks do not influence food prep areas of the kitchen? The plan review process allows us to interact with you early, develop a relationship, give you pointers, and make sure the facility supports what you are doing before you sink money into it and have make costly changes.

The entire submittal requires the MCCHD plan review application, a floor plan with the equipment layout, plumbing and ventilation information, spec sheets on all equipment, a finish schedule, and the proposed menu. Floor plans do not need to be professionally done, but they do need to be neatly drawn and clearly labeled. City building on the other hand does require professional plans, so if you need to submit plans to them for any reason, keep that in mind. Spec sheets are preferred, but model numbers are accepted. Bear in mind that model numbers may not give us the information we need to approve the equipment and it may result in delays or us being unable to approve the unit. The finish schedule can be listed on the plans or outlined in the application packet. Make sure all of the information is included and clear, otherwise resubmission fees may be assessed and your project delayed. If you have questions about the completeness of your packet, please contact the plan review coordinator at 406.258.4755.

You submit the plan to us and we match equipment, menu, and facility to the operational methods you plan to use. Such as: you are washing produce; where is that going to happen? You are frying from frozen… where’s the freezer in the fryer area? After we have assessed your proposal, we ask you questions and tell you any required changes you will need to make in order to license out of the proposed space. At that time, you will receive an approval letter outlining those conditions. After you receive the letter, you can start constructing your facility. When it is all done, and the conditions met as stated in the letter, give the reviewer a call and set up your preopening, or licensing inspection. Have the facility setup at the time of licensing as though you were going to serve your first customer the moment the inspector left. If the inspection goes well, you will fill out the license application, pay the license fee, and be able to operate.

Please turn it in before! That way we have a chance to let you know if changes need to be made before you have spent money on equipment, plumbing, etcetera that will not meet your needs. In the long run it will save you time and money.

You have several avenues to get your questions addressed. You can always call 406.258.4755, and ask to speak to the plan review coordinator, or email [email protected]. You can also meet with our in food sanitarian available every day from 8am-5pm with the exception of the noon hour.

You need to turn in a complete plan to the health department before submitting to building; however, you do not need to wait for an approval from us to submit to building. The process can be concurrent.

It depends on what you are doing, but for the most part it is always good to touch base with the following to ensure that you don’t have any surprises:

• City Development Services (Building, Zoning, Fire), 406-552-6630, 435 Ryman, Missoula, MT
• County Public Works Department, Building Inspection Division (Building, Plumbing, Electrical, Mechanical), 406.258.3700, 6089 Training Dr, Missoula MT (Entire County except the corporate limits of the City)
• Planning, Development & Sustainability, 406.258.4657, 127 E Main St, Missoula, MT
• City Engineering, Wastewater Division, 406.552.6606

Good question. Answer is—I have no idea. Unless you plan to use a septic system, our department has no say on whether or not you need one. This decision on grease interceptors is made by City Wastewater. If you have questions about internal versus external grease interceptor requirements, or the variance process, please contact City Wastewater at 406.552.6606.

It is a physical air space between the drain pipe coming out of the bottom of the sink and where the pipe goes into the ground or wall and into the sanitary sewer. Usually you will see the pipe extend down from the bottom of the sink and loosely drain into a square floor sink, but sometimes you will see a hub drain, or funnel looking device catching the water draining from the sink. Either method is fine with us as long as it is approved by City Building.

There are two main types of licenses in food service and each has many different subtypes. The first license type is a retail license. This is the license you will need to serve open food and beverage to the public. This license type has subcategories or endorsements that describe the type of retail food service you provide. Please click here for a description of each of these license types.

The other license type is Wholesale Manufacturing. This is where you will be providing food to retailers to sell to the public. You do not have direct interface with the “end consumer” with this license type; if you do, depending on the type of products you sell, you may have to get a retail license in addition to the wholesale license. In the case of Wholesale licensing, the subtypes are determined by the type of product and process that you use.

If you currently have a licensed space, you can sometimes do a smaller review because most of the facility has been approved already. If you are just adding a few pieces of equipment, changing your menu, or expanding the kitchen space, you can generally do a facility review; however, if you are doing a larger-scale remodel, it will constitute a full review because we will have to look at your changes as though you are putting together an all new facility. If you expand or change your menu to items that are riskier than what you are currently approved to do, a menu review is required.

Again, good question! The answer is that it depends. Our standard answer is 30-60 days; however, it rarely takes us that long to turn one over. The reason we give people this timeline is so they can budget their time accordingly in case our office is swamped with reviews (we attend to reviews on a first come, first served basis), or have a pressing matter to attend to like an illness investigation or outbreak. If you are concerned with getting a timely review, your best course of action is to turn in the most complete application that you can that is easy to read. The more work you put into it to begin with, the better off you are.

It depends on the type of review and the type of establishment you have. Please see our plan review fee schedule.

For one, there are two different departments involved, and second, the fees are for different purposes. The reviewing agency is Missoula City-County Health. That is where the plan review fee goes. That fee is to cover our time and resources to complete your review and pay for the preopening inspection. The second fee is the fee required by the state in order for you to operate.

Well, that is difficult to answer because it depends on the facility. In general, any residential equipment must be upgraded to commercial equipment; if sinks or equipment are missing air gaps, those would need to be addressed; and if there are any surfaces that are not to code, those would need to be repaired. There may be other requirements depending on the state of the facility. Your best bets would be to come to our office and look at the establishment file to see if there are any upgrades noted in the inspections. Another option to you is to hire an inspector for a special inspection and have them give you a list of things that would have to be fixed before a license could be issued.

We can inspect a facility prior to purchase or lease agreement. There is a fee, but it might just save you money in the long run if there are unforeseen costly upgrades. Note that we do not evaluate building concerns like ventilation, hoods, plumbing, or sewer.

The difference between wholesale and retail comes down to distribution. If you are planning on serving food only to the end consumer, you are a retailer. If you are making products to sell to other businesses to sell for you, you are a wholesaler. If you are doing both, guess what… you need both licenses.

If you want to sell to other retailers you need to get licensed for wholesale. This process could go several different ways depending on the product you are going to make. In any case it is a two part review. There is the review at the county level that focuses on facility and equipment, and then there is the state review that covers process and labels. If you are doing a high-risk product like acidified foods or reduced oxygen packaging, you must consult a process authority in addition to the state and county offices. To better understand facility requirements contact the plan review coordinator at 406.258.4755

Again, another great question that is answered with “well… it depends”. And again, we are not trying to skirt the question, but mobiles can really be what you make them. That being said, there are two types of mobile units: pushcarts, and honest to goodness, fully enclosed mobiles like trucks and trailers. With pushcarts, you must have a plumbed hand sink with hot and cold running water, and commercial equipment designed for the intended use. The menus on pushcarts, due to space, limited sinks and water, and limited equipment, must be… well… limited—as in quick cook and serve foods like hot dogs. Pushcarts must have a commissary for water, wastewater disposal, storage, and any prep that takes place prior to food being put on the cart. The minimum water capacity on a pushcart is 5 gallons. Pushcarts must also have adequate overhead cover, such as an umbrella.

Fully enclosed mobiles are a little different. What will be required in a mobile truck depends largely on menu and how much the applicant wants to be dependent on a commissary. The more that is done in a commissary kitchen, the less can be in the mobile. The simpler the menu, the less will be required on the mobile as well. At a minimum, with a simple menu and commissary for prep and storage, a mobile must meet all of the pushcart requirements with the exception of the umbrella—mobiles must be fully enclosed. Any other requirements such as a three-compartment sink, prep sink, and hoods are all dependent on menu, equipment, and commissary use. Water capacity also depends on the sinks and menu; however, they must have permanently mounted water and waste tanks, with connections that are compatible with hook ups at RV stations.

One thing to keep in mind is that mobiles can travel county to county with the other county’s approval if they are very self-contained and not dependent on a commissary. The more you put into your mobile, the more you can do with it.

Depending. Cottage food operations are limited home-based food services that only distribute low-risk items directly to the end consumer. So if you want to do baked goods and similar items, you may register as an at home business. If you are looking to cater from home or do higher-risk food items, you will need to get reviewed and licensed. To do this at home, you will need to be zoned commercially, have connections to an approved water supply and sewer system, and have a space that can be dedicate solely to the food operation that is not a residential kitchen. If you wish to discuss setting up a dedicated kitchen space on your property, please contact the plan review coordinator at 406.258.4755.

Absolutely. In fact there are several kitchens around town that are good about renting space to small operations. What we are most concerned about in these cases is if there is enough storage and refrigeration space to accommodate you, if there is the correct equipment to support your operation, and if you can operate at a separate time as others who use the space. If you are curious about whether or not a space may work for you, call the plan review coordinator at 258-4755, and turn in a review for the facility based on your operation.

By law they are not. Licenses are specific to owners and locations. So—if an establishment changes ownership, or moves to a new location, a plan review must be submitted, and a new license obtained.

We make sure that all of the conditions stated in the approval letter have been taken care of and then look to make sure that the facility is ready to support food service. Have everything on, at temperature, setup, and surfaces finished as though you could serve your first customer the moment the inspector leaves. There should be no equipment missing, not hooked up, or construction still going on. Use the preopening checklist to make sure you have everything in place.

Well, we don’t call it “failure”, but a delay… with a follow up. Yes, you get another chance. In fact, you get as many chances as you need to get things in order, but there is a charge for each inspection after the first preopening. Needing a follow-up inspection is rare, and between the conditions in the approval letter and the preopening checklist, we give you all the tools and information you need to be successful on the first try.

A Temporary Food Service or TFS is a short-term food service operating at a fixed location in conjunction with a distinct event. Temporary Food service involves setting up temporarily, often outdoors, to serve food to the public.

Challenges: Serving food in this way is inherently more challenging than in a permanent establishment in terms of food safety. Holding food at safe temperatures, operating without electricity in some cases, keeping dust and bird droppings out of food, the lack of plumbing and running water, lack of storage space, preventing cross-contamination between raw meats with foods that do not require cooking, are just some of the challenges. Operating a TFS often involves individual components that can easily be altered, left behind, or set-up differently with every event (hand wash station, food equipment, gloves, awning, etc.), making it critical that food safety remains intact with each event.

Menu: To help make food safety a priority, TFS menus should involve limited onsite prep and involve only quick cook and serve or assemble and serve. Keep the menu simple and keep potentially hazardous foods to a minimum. All TFS operations must be supported by a licensed kitchen for food storage, cooking, dishwashing, sourcing hand-wash water, and properly disposing of waste.

No. Temporary food service permits are limited to established events and celebrations. Examples include sporting events, farmer’s markets, business grand openings, holidays, etc. Vendors cannot create an event or celebration in order to circumvent the requirement to obtain a permanent food service license (a mobile food truck or pushcart, for example). Temporary food service set ups are intended to provide safe and sanitary food service conditions for a limited amount of time but are not generally capable of maintaining those conditions on a continuous or frequent basis. Vendors who want the flexibility to sell their product outside of established events are required to invest in permanent equipment and/or facilities, as required in the state and local rules. The Department has the sole discretion to determine if the event proposed on a TFS permit application qualifies for temporary food vending.

The state food regulations define a mobile as “a vehicle-mounted food establishment designed to be readily moveable”. We interpret this to mean an entirely self-contained mobile vehicle that has plumbed water and wastewater, permanently mounted sinks, and equipment. In contrast, a canopy, tarps, tables, coolers, grill, and handwash station that are transported in a vehicle to an event, taken out, and set-up is what characterizes a TFS, not a mobile. In order for us to be consistent with the state rule, you will need to permit as a TFS if you are not truly mobile as described above even if another county has decided to license you as a Mobile.

The plan review application is the Missoula County application that simply reviews the “when”, “where”, and “how” of the temporary food service event. We look at the location and times of the event, the menu, how foods will be prepared, and how your booth will be set-up. The plan review fee is $35 when submitted 5 business days or more in advance of the event. The fee increases for applications submitted closer to the event. Since the plan review process serves to assess food safety concerns, both for-profits and non-profits must complete a plan review and pay the appropriate fee (required by Regulation 4 of Health Code). If you know you will be applying for multiple venues using the same menu and set-up, you may submit multiple applications at the same time for a single fee.

If approved for service to the public, you will be issued an MCCHD permit. The county permit fees are based on the number of employees in the food establishment. See the TFS application for fee schedules. Non-profits are exempt from paying the permit fee.

Basically, anytime food or open beverages are served to the public (regardless of whether there is a charge for the food) MCCHD Health Code requires a county food permit. There are specific exemptions for non-profit organizations, cottage food operators, certain foods at Farmers’ Markets, and caterers in some cases. To help decide if you are a TFS, ask yourself the following questions:

• Am I serving food or beverages to the public rather than a private group?
• Am I serving food that is either unpackaged or requires refrigeration?
• Am I a restaurant operator that intends to serve food at a location other than my licensed facility?
• Am I a licensed caterer serving food without a contract in place between parties for a set amount of food and service, and instead are charging per plate of food?
• Am I planning food service at my bar that is limited to beverages and pre-packaged goods according to my license?

If you answered “yes” to any of the above, then you need to complete a TFS plan review and permit with the county.

Yes.

• If you are serving pre-packaged non-potentially hazardous foods, no permitting or registration is required. Examples of these items include wrapped candy, bottled water, cans of pop, individually commercially pre-wrapped baked goods from a licensed manufacturer, etc.
• The state has determined that vendors offering only whole, uncut fresh fruits and vegetables, non-potentially hazardous baked goods (do not contain creams, custards, cheeses, dairy, vegetables, meats, etc.), standardized jams and jellies, hot coffee and tea, and farm fresh eggs (with conditions), at a farmers’ market, do not require licensure. “Farmer’s market” means a farm premises, a roadside stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority.
• A non-profit organization that wants to offer food to the public no more than 4 days in a 12 month period is not required to obtain a TFS permit (by definition, they are not considered a retail food establishment). In this case we do require that the organization notifies us of the event, menu, and receive food safety guidance from our office. The non-profit group must be the only vendor at the event. Otherwise (if operating more than 4 days/12 months), a non-profit organization must obtain a TFS permit but is exempt from the county permit fee.
• Cottage food operators do not need to obtain a TFS permit.
• If you are already a licensed caterer with a contractual agreement for a set amount of food with a private entity, an additional license is not required. In this situation, the caterer is not charging per plate of food and is responsible for the food service for the duration of a public event.
• Private gatherings/groups do not need to permit or register. A private group is limited to members only or limited to a list of invited guests. Examples include weddings, house parties, club events, an employee holiday gathering, etc. A private event is not open to the public.

You must complete a plan review for each separate event at which you want to serve food or beverages. A permit is limited to a person and event at a certain location. Every permit receives a health inspection. This is especially important for TFS establishments since operating a TFS often involves individual components that can easily be altered, left behind, or set-up differently with every event (hand wash station, food equipment, gloves, awning, etc.), making it critical that food safety remains intact with each event.

If it is a multiple day event or a recurring event, you may apply for one permit to cover the event if the menu (recurring event) and location (multiple day event) are unchanged. The permit, however, is limited to 21 consecutive days in a calendar year (multiple day event), or 45 non-consecutive days in a calendar year (recurring event).

Vendors who want to operate more than 21 (or 45) times per permitted event or simply do not want to obtain a TFS permit for every event, can apply for a “mobile” license. If becoming a permanent restaurant or storefront is the plan, then a” retail food establishment” license is required. While these licenses involve more of an initial investment and require more permanent equipment, these licenses are paid once each calendar year.

No. Food must be prepared and stored at a licensed commissary. All commissaries receive a minimum of one health inspection per year to ensure that all necessary safety precautions are in place. The only current exemptions to this rule include the preparation of non-potentially hazardous baked goods and high sugar foods (jams, jellies, candy) and hot coffee and tea for sale at Farmers’ Markets and cottage food operations.

A licensed commissary is basically a kitchen that has been licensed with the state for food service to the public. Every licensed food service establishment by law gets a health inspection at least once per calendar year. In Missoula County we inspect approximately 1500 licensed food establishments each calendar year. Every convenience store, bar, casino, coffee hut, grocery store, and restaurant gets inspected. You will use your commissary kitchen (depending on menu) for cold and dry food storage, preparation of menu items, washing of produce, dish washing facilities, potable water source, and an approved wastewater disposal area. Using licensed and inspected facilities is one way you can be sure that minimum health standards are in place for you.

Chicken must be cooked to >165ºF, ground pork and beef to >155ºF, and whole muscle pork and beef to >145ºF. Hold hot foods at > 135ºF, and cold foods at < 41ºF. Foods held between 41ºF-135ºF are considered to be in the “Temperature Danger Zone” as they are the temperatures that actively support bacterial growth. The only way to know food is at a safe temperature is to use accurate calibrated thermometers. Thermometers should be available on-site.

Documented time-control can be used as an alternative to using temperature as a safety control. In this case, foods cannot be out of temperature for more than 4 hours and the operator must demonstrate a documented system for determining how much time food has been out of temperature.

TFS menus should involve limited onsite prep and involve only quick cook and serve or assemble and serve. Reheating and cooling should be kept to a minimum when possible.

Reheating foods for hot holding can be done on the grill or propane stove to bring food temperature to 165ºF quickly. Do not attempt to heat foods in crock pots, steam tables or other hot holding devices, or over sterno. These slow-cooking mechanisms may encourage rapid bacterial growth and never reach killing temperatures. Use approved equipment, no enameled pots or pans.

Foods that require refrigeration after preparation at the commissary (i.e., potentially hazardous foods such as potato salad, egg salad, chili, taco meats, cut melon, etc.) must be cooled to 41ºF within 4 hours. Use an ice water bath, stirring the product frequently, or place the food in shallow pans no more than 2 inches deep and store in a refrigerator. Check temperatures frequently to ensure quick cooling.

If food needs to be transported from one location to another, you must provide adequate temperature controls, such as using refrigerated trucks or insulated containers to keep hot foods hot (135ºF) and cold foods cold (41ºF).

Thawed raw meat must be held cold in a refrigeration unit at the TFS event. The use of a cooler with ice is only permitted for frozen meat.

Ice is both a coolant and a food, but the two functions must not be confused. Keep ice for drinks separate from ice used to cool foods and beverages. Ice used as food must be drained. Packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches must not be stored in direct contact with ice. Ice scoops must have handles and handles need to stay out of the ice. All ice must be from an approved ice manufacturer or come from the licensed commissary kitchen.

Customer food service items must be single service. Utensils used in food preparation and service must be washed in hot soapy water, rinsed in hot water, sanitized in solution of proper strength (test strips required) and air dried prior to use. Sanitization can be accomplished by immersion for at least 30 seconds in 100 ppm chlorine, 200 ppm quaternary ammonium, or in a high-heat sanitizing dishwasher (rinse water temp is >180F). All dishes must be done at your approved commissary, and enough clean utensils shall be stored in the food booth to provide clean utensils at least every 4 hours.

Design your booth with food safety in mind. The booth must have an overhead covering and the floors must be a cleanable, removable material in good repair (concrete is OK). If cooking cannot take place under cover of tent, all food must be covered while cooking (e.g. BBQ lid and pan lids). Sides will be required on the booth if the weather (wind, dust, rain) poses a contamination risk to your food. Only food workers will be permitted inside the booth. No animals are permitted.

Each booth must have at least one hand wash station as described below. All wastewater from hand washing and food service must be disposed of by a lawfully constructed and operated public sewage disposal system. Wastewater cannot be discarded onto the ground.

A garbage container with a plastic liner and tight-fitting lid must be available for garbage. Proper management of wastes will reduce insect problems and keep your booth attractive to customers.

Hands are probably the most common vehicle for the transmission of pathogens and can become contaminated in a variety of ways during routine operations. From the biggest restaurant chain to the smallest coffee hut, hand washing is one of the most effective ways for food handlers to prevent the spread of communicable disease. The spread of Staphylococci, Hepatitis A, Norovirus, E. coli, and others can be prevented by thoroughly washing hands prior to food service and whenever hands become unclean and potentially contaminated. Outbreaks involving all of these pathogens have occurred as a result of insufficient hand washing.

Because hand washing is such an important factor in the prevention of food borne illness, sufficient hand washing stations must be set-up to not only make hand washing a possibility, but likely. At a minimum, the station must have: a five-gallon container of WARM water from your commissary, a water spigot/spout that allows both hands to be under the running water (i.e. no push button containers), a catch bucket below to catch hand wash water, hand soap in a dispenser, and disposable paper towels. Common towels for hand-drying are prohibited. The hand wash station must be conveniently located for use by food service workers and a trash receptacle should be nearby. All wastewater from hand washing and food service must be disposed of by a lawfully constructed and operated public sewage disposal system.

The short answer is every time they become soiled. At a bare minimum, wash hands prior to beginning food service and after any interruption in service. There are many examples of times when a hand wash is needed. If you leave the booth, handle money, handle garbage, use your phone, itch your nose, scratch your head, wipe hands on pants, apron, or other unclean surface, cough, sneeze, eat, drink, or use tobacco, handle raw meat, or handle dirty dishes, wash your hands before returning to food service. Always wash hands prior to putting on gloves, otherwise, hands can contaminate the outer portion of the glove, which then can contaminate food.

Bacteria and other pathogens wedge themselves into the oily folds of our skin and hold fast to our hands. To be effective, hand washing should always be performed with warm water. Scrub your hands and exposed portions of your arms with soap for at least 20 seconds prior to rinsing and drying. Hands become soiled with a variety of food particles, raw meat juices, oils, liquids, etc. during food prep and therefore a bottle of hand sanitizer does not serve as a replacement for but only an addition to a complete hand wash.

Not necessarily, but bare hand contact with any ready-to-eat foods is STRICTLY prohibited. Whatever works easiest for the food operator to eliminate bare hand contact is what is required. This could be disposable gloves, tongs, tissue paper, etc. As much as possible, foods must be packaged in individual servings at the commissary. Common bowls that allow customers to contact food with bare hands is also prohibited. Contacting ready-to-eat foods with bare hands has been known to lead to the transmission of pathogens such as Hepatitis A, Staphylococci, Norovirus, and E. coli.

Surface sanitizer effectively reduces the numbers of pathogens that could get someone sick. Every food service must have a sanitizing solution in a bucket with an available wiping cloth. The solution can be either chlorine (bleach) at 50-100 ppm or quaternary ammonia (per manufacturer’s instructions) at 150-400 ppm. Operators must have test strips to ensure proper concentration. Keep wiping cloths in the buckets when not in use, otherwise these damp cloths simply lose sanitizing strength and can become a site for bacterial growth. At a minimum, surfaces should be sanitized prior to operating and whenever food spills occur.

The public has an expectation that the food/drink that they eat is safe.

While it is the responsibility of the operator to be aware and knowledgeable of food safety and the rules that are in place to keep the public from getting sick, the health inspection is an opportunity to improve food safety. Inspectors are food safety experts. The onsite inspection serves to identify risks and allows operators to resolve any food safety or health questions specific to the kitchen, menu, or food operation.

The Health Department is probably the most visible in the eyes of the public when a food borne illness outbreak occurs or when there are large nationwide food recalls. However, responding to these public health issues is only a small part of what we do.

Before any food service opens or makes significant changes to its menu or operation, we review the plans, menu, and equipment and work with businesses to ensure the set-up errors on the side of safety. In Missoula County we inspect approximately 1500 licensed food establishments each calendar year, not including the approximately 300 TFS inspections we do each summer. This means that daily, our inspectors are visiting restaurants, convenience stores, outdoor food booths, and any place that food is served to the public to assess whether or not food handlers/establishments are serving food safely. Our inspections are unannounced and focus on risk, that is, on what is likely to get someone sick. In addition, we also inspect childcare facilities, group homes, hotels, motels, tourist homes, schools, and pools. What pays for us to be in an establishment are the state license fees and tax dollars. That is how we fund this public service.

Think about what it would be like to go out to eat at a restaurant where the chicken or hamburger was undercooked, where food was being stored at improper temperatures, where employees didn’t have access to a hand sink, where bare hands contacted your food, where the glass your child drinks out of has not been sanitized, or where there was no way to track the sources of the foods served.

We ensure these very basic food safety guidelines are understood and are being followed. Even something as simple as lemon wedges at a bar or unpackaged candies can lead to illness if they are handled improperly or if food-contact surfaces are not being washed, rinsed, and sanitized. Without proper hand washing, Hepatitis A, Staphylococci, Norovirus, and E. coli are all easily transmitted to customers and staff.

We are not the food police. Our role is primarily one of education. We work with food operators to understand the rules and achieve safe food service. We can’t be everywhere all the time however and feel that all those who want to feed the public should be equally concerned about doing it safely.

The health inspector is your ally. We want to provide you with the tools necessary for a safe food service. Do not be afraid to ask questions. We will arrive, use and inspect your hand wash station, confirm safe food temperatures, food sources, and sanitizer levels. We will observe hand washing practices and help you identify and eliminate the potential for cross-contamination during food service. Inspectors can help you find ways to make your food service safer which is good for the public and for business. We are often seen as a cheap insurance policy by restaurant operators, as preventing a food borne illness (and the potential for subsequent lawsuits and bad press) should be everyone’s goal.

The state defines a Farmers’ Market as “a farm premises, a roadside stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority”. Therefore, for an organized market, the first step is to receive approval by either the City Council (if in City limits) or the County Commissioners (if outside the City limits). As per Missoula City Ordinance, “Any person or entity desiring to establish a farmers market shall request an enabling resolution from the city council stipulating the purpose, boundary, days, and hours of operation of the farmers market”. Several health and safety issues to consider when opening a new market include water sources and waste disposal, food safety, fire safety, parking, building safety, and zoning. Business licensing and liability insurance may be required.

When it comes to food safety, we at the Health Department are focused on preventing both chronic and acute adverse health effects. Food is commonly thought to be a member of one of two categories, 1.) the ‘Industrial Food/Ag’ system or 2.) the ‘organic, whole-food, local, and sustainable’ system. These designations continue to evolve, but for the most part, the latter category generally refers to food that has not been genetically modified, is grown without pesticides or herbicides, does not contain endocrine-disrupting chemicals/hormones, incorporates water and soil conservation methods, involves the humane treatment of animals, is found locally, and is not overly processed and refined.

Eating a balanced diet rich in fruits and vegetables and avoiding highly processed foods is one way to combat chronic adverse health effects such as childhood obesity, diabetes, heart disease, and other chronic issues. In this case, there are arguably different levels of risk in terms of chronic effects associated with each of the two food categories mentioned above.

On the other hand, both food categories could pose acute adverse health effects. Acute health effects are effects related primarily to bacteria and viruses that often grow in food or contaminate food by improper preparation and handling. Examples of this include insufficient hand washing, improper cooking or holding temperatures, or cross-contamination between a raw meat and something that is not going to be cooked like bread or a head of lettuce. These effects occur quickly, often hours to days from when the food was eaten.

The temperatures that kill microorganisms, the growth requirements of certain pathogens, and the disinfection capabilities of various sanitizers are all based in solid science. This science forms the backbone of the food rules that are enforced to prevent these adverse acute effects. It is not feasible or wise to test every food product to see what species and number of pathogens may be present. Instead, we enforce well-established preventative measures like keeping food at temperatures that slow bacterial growth, cooking food to temperatures high enough to kill pathogens, or washing hands to keep food safe. For instance, if someone who has Hepatitis A or diarrhea has not washed his or her hands thoroughly after using the bathroom, and then handles food or food contact surfaces, illness can result regardless if the food is organic or not, grown locally or not. The same is true if undercooked chicken is served or if food is cooled improperly.

In sum, our mission at the health department is to promote and protect public health. While we embrace the need for healthier and more easily accessible food options to prevent chronic health issues, we also are responsible for educating and enforcing basic food safety in order to prevent the acute illnesses that can be associated with a large variety of foods.

There is a one-time registration fee of $40.00. However, if the location of the operation moves, or additional recipes and labels are submitted, the operator is required to re-register and pay the fee again.

If you only plan on selling goods that are on the Farmers’ Market exemption list and you are only doing it at a Farmers’ Market, then you do not need to register as a Cottage Food Operation.

If you are using a trade name that is different from your own legal name, you must register it with the Montana Secretary of State (for sole proprietorships & partnerships). https://sos.mt.gov/business

No, the foods produced must be sold directly to the customer and only from the producers’ home, or at a farmers’ market, bazaar, or small venue. These foods can only be sold directly to the customer or individual purchasing the cottage food product as a gift. Selling or providing these food products to grocery stores or other retail food establishments such as restaurants is prohibited.

This is allowable under the cottage food regulations. However, many towns and counties have local ordinances that ban sales of any type without a local business permit or license, including sales from your home. You would also need the parking lot owner’s permission to conduct business there. Your product may only be stored temporarily in the motor vehicle used to transport it.

A cottage food operator may advertise and coordinate the sale of their approved products via the internet, social media, other electronic communications, or phone. However, it must be a face-to-face sale to the consumer. Third party delivery services such as motorized or bike courier, USPS, UPS, FedEx, or any other mailing or shipping firm is not allowed. Services such as Amazon, eBay, or other similar services where the transaction does not include face to face interaction between the buyer and seller are also not allowed.

Contact your local Environmental Health office for licensing and requirements to expand the types of products produced or how the product can be sold.

No, Cottage Food Operations are not inspected, unless there is a complaint or illness investigation

The requirements for labeling are contained in ARM 37.110.504 and are also listed in the Montana Department of Public Health and Human Services Cottage Food Operation Guidance and Registration Application available on our website at ehfs.mt.gov

You may indicate on the label that the product does not contain gluten but first be certain you follow the labeling requirements and be well educated about what ingredients contain gluten and how to prevent cross-contact with gluten in your kitchen. For information from the FDA about gluten-free labeling, see: https://www.fda.gov/food/nutrition-education-resources-materials/gluten-and-food-labeling.

All cottage foods must be packaged and labeled. For most items, the label must be on the package. There are a few exceptions for large items, such as wedding cakes (see next question).

For cakes that are not easily packaged, you must include all labeling requirements on the invoice and deliver the invoice with the cake directly to the consumer (purchaser).

Yes, as long as the kitchen is in your primary residence. Do check policies of your landlord about operating a small business out of your rented home or apartment.

Yes, it would, as long as the kitchen is located in your primary residence.

The FDA recommends thoroughly washing produce under running water before eating, cutting, or cooking. Use of soap, detergent, or other commercial produce washes is not recommended.

A sanitizer for your kitchen counters could be mixed in a food grade plastic spray bottle: 1 scant teaspoon of unscented household bleach (5.25% to 6%) in a quart of water. Spray onto your counter and let stand for one minute and then wipe off. Disinfectant wipes may also be used.

Only specific foods that are defined as “non-potentially hazardous” are approved for preparation by Cottage Food Operators. These are foods that do not require refrigeration to keep them safe from pathogens. Pathogens are germs that can make people sick.

Yes, cotton candy and most candy mints are acceptable. They must be non-potentially hazardous foods, thus do not require refrigeration for safety.

Many pies are allowed, however, potentially hazardous pies such as pumpkin and cream pies are not allowed since they require refrigeration to prevent pathogen growth.

Yes, but only non-potentially hazardous baked goods are allowed. Certain baked goods are actually potentially hazardous, for example, some pumpkin and cream pies, cheese cakes, and pastries will support pathogenic growth and therefore require refrigeration.

Only butter cream frosting that does not require refrigeration, for instance, if the recipe uses shortening instead of butter or the recipe has been tested and determined to be non-potentially hazardous.

No, products that must be stored in the refrigerator or freezer are not allowed.

The preserved products allowed in Montana as cottage foods (jams, jellies, some fruit butters) have different characteristics than canned fruits and vegetables. Higher amounts of sugar in these products lower the water activity and therefore don’t allow the growth of pathogens.

No, fermented foods are not allowed under the Montana Cottage Food Rules

You may use home grown vegetables, fruits, and eggs in the products you produce for sale. Vegetables and fruits can be frozen for later use, as well. Safe food handling/processing guidelines should be followed, and all fruits and vegetables should be rinsed before use.

Dairy products and eggs are not eligible cottage food products. Eggs may be sold at farmers’ markets with restrictions. Contact the Montana Department of Livestock—Milk and Egg Bureau for more information

Any product, process, or recipe that the local authority or the Department of Public Health and Human Services thinks may not be “non-potentially hazardous” must be submitted to a process authority for review and laboratory testing.

Not necessarily. Any substitutions can change the safety of a preserved product. If you want to try different substitutions in recipes, you may need to have your product tested to ensure that it still meets the criteria for non-potentially hazardous food.

Yes, however, if there is no heat treatment to “burn off” the alcohol, the product will need testing to ensure it qualifies for non-beverage product status under Montana liquor laws.

Maybe. Due to the pH of pumpkin and the variations in how it is made, you would be required to have the recipe tested to determine if it is non-potentially hazardous.

No, pet treats are not included in Montana’s list of allowed cottage foods.

You should check with your homeowner insurance company or your landlord if you are operating out of a rental property. Many homeowner insurance policies will not extend liability coverage to liabilities that result from the activities of a home-based business.

Self-employment tax is a tax consisting of Social Security and Medicare taxes primarily for individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners. You must pay self-employment tax and file Schedule SE (Form 1040) if the following applies:

• Your net earnings from self-employment (excluding church employee income) were $400 or more. Note: the self-employment tax rules apply no matter how old you are and even if you are already receiving Social Security or Medicare.