(1) A temporary food service establishment must comply with the requirements of this subchapter, except as otherwise provided in this rule. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food service establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of this subchapter.

(2) Subsections (3) through (14) of this rule are applicable whenever a temporary food service establishment is permitted, under the provisions of (1) of this rule, to operate without complying with all the requirements of this subchapter.

(3) Only those potentially hazardous foods requiring limited preparation, such as hamburgers and frankfurters that only require seasoning and cooking, must be prepared or served. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry, eggs or fish is prohibited. This prohibition does not apply to any potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of this subchapter, is obtained in individual servings, is stored at a temperature of 41 º F (5 º C) or below, or as specified in ARM 37.110.203(61) , or at a temperature of 135 º F (57.2 º C) or above in facilities meeting the requirements of this subchapter, and is served directly in the unopened container in which it was packaged.

(4) Ice that is consumed or that contacts food must be made under conditions meeting the requirements of this subchapter. The ice must be obtained only in chipped, crushed, or cubed form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. The ice must be held in these bags until it is dispensed in a way that protects it from contamination.

(5) Equipment must be located and installed in a way that prevents food contamination and that also facilitates cleaning the establishment.

(6) Food contact surfaces of equipment must be protected from contamination by consumers and other contaminating agents. Effective shields for such equipment must be provided, as necessary, to prevent contamination.

(7) All temporary food service establishments without effective facilities for cleaning and sanitizing tableware must provide only single-service articles for use by the consumer.

(8) Enough potable water that complies with ARM 37.110.217(3) must be available in the establishment for food preparation, for cleaning and sanitizing utensils and equipment, and for hand washing. A heating facility capable of producing enough hot water for these purposes shall be provided on the premises.

(9) Storage of packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches may not be stored in direct contact with ice.

(10) All sewage, including liquid waste, must be disposed of by a lawfully constructed and operated public sewage disposal system, by approved portable toilet units with acceptable final waste disposal, or by properly constructed pit privies.

(11) A convenient hand washing facility must be available for food employee hand washing. This facility must consist of, at least, warm running water, soap, and individual paper towels.

(12) Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair. Dirt or gravel, when graded to drain, may be used as subflooring when covered with clean, removable platforms or duckboards, or covered with wood chips, shavings or other suitable materials effectively treated to control dust.

(13) Ceilings must be made of wood, canvas, or other material that protects the interior of the establishment from the weather. Walls and ceilings of food preparation areas must be constructed in a way that prevents the entrance of insects. Doors to food preparation areas must be solid or screened and must be self-closing. Screening material used for walls, doors, or windows must be at least 16 mesh to the inch.

(14) Counter service openings must not be larger than necessary for the particular operation conducted. These openings must be provided with tight-fitting solid or screened doors or windows or must be provided with fans installed and operated to restrict the entrance of flying insects. Counter service openings must be kept closed, except when in actual use.