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(1) To qualify for reimbursement under 50-50-305 , MCA, a local board of health must either enter into a written, signed cooperative agreement with the department that establishes the duties and responsibilities of the local board of health and the department consistent with this subchapter, or indicate in writing to the department that each food establishment within the jurisdiction of the local board will be inspected at least twice every 12 months as specified in ARM 37.110.239(1) .

(2) Requests for cooperative agreements must contain the current risk analysis information required by the department.

(3) All local boards of health must meet the following criteria regardless of the existence or absence of a cooperative agreement:

(a) At least one sanitarian working with or for the local board of health must receive training from the department in standardized food service inspection techniques. The department is responsible for making training and standardization review available on a periodic basis;

(b) The local board of health must ensure that the following are done by the local health officer, sanitarian, or sanitarian-in-training:

(i) If a preliminary inspection is required under ARM 37.110.241, the food service establishment is inspected for compliance with this subchapter within 10 days after receiving notice from the department or the establishment that such a preliminary inspection is needed;

(ii) Each food service establishment within the jurisdiction of the local board of health is inspected at least twice every 12 months, or on the schedule specified in a signed agreement with the department;

(iii) All the requirements of ARM 37.110.239 are complied with;

(iv) Quarterly inspection reports are submitted to the department within 10 days following the close of each quarter of the fiscal year (1st quarter-September 30; 2nd quarter-December 31; 3rd quarter-March 31; 4th quarter-June 30) on forms approved by the department;

(v) All documentation of enforcement of this subchapter, including but not limited to inspection reports, consumer complaints, illness investigations, plans of correction, and enforcement actions, is retained for 5 years and copies of the documentation are submitted or otherwise made available to the department upon request.

(4) A failure by the local board of health to meet all of its responsibilities under the cooperative agreement or under (3) (a) and (b) above may result in the withholding of funds from the local board reimbursement fund in an amount to be determined by the department.

History: Sec. 50-50-305, MCA; IMP, Sec. 50-50-305, MCA; NEW, 1994 MAR p. 2941, Eff. 11/11/94; TRANS & AMD, 2000 MAR p. 3201, Eff. 11/23/00.

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