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37.110.406    PERISHABLES

(1) Readily perishable foods offered for sale through vending machines shall be dispensed to the consumer in the individual original container or wrapper into which it was placed at the commissary or at the manufacturer's or processor's plant, or such products shall be dispensed into single-service containers. In those vending machines dispensing readily perishable foods, beverages or ingredients in bulk, the bulk supplies of such foods, beverages or ingredients shall be transferred only to a bulk vending machine container and appurtenances which are clean and have been subjected to an approved bactericidal process.

(2) Readily perishable foods or ingredients within the vending machine shall be maintained at a temperature not higher than 50 º F or a temperature not lower than 150 º F. Vending machines dispensing readily perishable foods shall be provided with controls which insure the maintenance of these temperatures at all times, provided that an exception may be made for the actual time required to fill or otherwise service the machine and for a maximum recovery period of 30 minutes following completion of filling or servicing operations. Such controls shall also place the machine in an inoperative condition until services by the operator in the event of power failure or other conditions which permit the food storage compartment to attain a temperature above 50 º F or below 150 º F, whichever is applicable. Vending machines dispensing readily perishable food shall be provided with a thermometer which, to an accuracy of " 2 º F indicates the air temperature of the food storage compartment.

(3) With the exception of product contact surfaces of bulk milk vending machines for which separate provisions for cleaning and bactericidal treatment are specified in ARM 37.110.407(2) , all multi-use containers or parts of vending machines which come into direct contact with readily perishable foods, beverages or ingredients shall be removed from the machine daily and shall be thoroughly cleaned and effectively subjected to an approved bactericidal process at the commissary or other approved facility, provided that the requirement for daily cleaning and bactericidal treatments may be waived for those contact surfaces which are maintained at all times at a temperature of not higher than 50 º F or at a temperature of not lower than 150 º F, whichever is applicable. Such parts shall, after cleaning and bactericidal treatment, be protected from contamination.

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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