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37.110.401    DEFINITIONS

(1) "Adulterated." A food is adulterated if it bears or contains any poisonous or deleterious substance which may be injurious to health, if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or in excess of such tolerance if one has been established, if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption, if it has been prepared, packed or stored under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health, or if the container is composed in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health.

(2) "Commissary" means commissary, catering establishment, restaurant, or any other place in which food, beverage, ingredients, containers, or supplies are kept, handled, prepared or stored and directly from which vending machines are services.

(3) "Employee" means any operator or any person employed by him who handles any food, beverage, or ingredient to be dispensed through vending machines or who comes into contact with food contact surfaces of containers, equipment, utensils, or packaging materials used in connection with vending machine operations or who otherwise services or maintains one or more such machines.

(4) "Food" means any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use in whole or in part for human consumption.

(5) "Health officer" means the legally designated health authority for the city, town, county or district.

(6) "Hot liquid food or beverage" means any liquid food or beverage, the temperature of which at the time of service to the consumer is at least 150 º F.

(7) "Machine location" means the room, enclosed space, or area where one or more vending machines are installed and operated.

(8) "Misbranding" means the use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed which is false or misleading or which violates department labeling requirements.

(9) "Operator" means any person who by contract, agreement or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines.

(10) "Person" means any individual, partnership, corporation, company, firm, institution, trustee, association, or any other public or private entity.

(11) "Product contact surface" means any surface of the vending machine, appurtenances, or containers which comes into direct contact with any food, beverage or ingredient.

(12) "Readily perishable food" means any food or beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, or other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxication. However, products in hermetically sealed containers processed by heat to prevent spoilage and dehydrated, dry or powdered products so low in moisture content as to preclude development of micro-organisms are excluded from the terms of this definition.

(13) "Sanitarian" means the representative of the health officer when authorized.

(14) "Single-service article" means any utensil, container, implement, or wrapper intended for use only once in the preparation, storage, display, service or consumption of food or beverage.

(15) "Vending machine" means any self-service device offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.

History: Sec. 50-50-103, MCA; IMP, Sec. 50-50-103, MCA; Eff. 12/31/72; TRANS, from DHES, 2001 MAR p. 2423.

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