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Montana Administrative Register Notice 37-997 No. 15   08/05/2022    
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BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 37.110.401, 37.110.402, 37.110.405, 37.110.406, 37.110.407, 37.110.410, 37.110.411, 37.110.412, 37.110.413, 37.110.414, 37.110.420, 37.110.421, 37.110.422, 37.110.427, 37.110.428, and 37.110.429 pertaining to vending of food and beverages

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NOTICE OF PROPOSED REPEAL

 

NO PUBLIC HEARING CONTEMPLATED

 

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 dphhslegal@mt.gov.

 

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 dphhslegal@mt.gov.

 

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.

 


 

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