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37.110.256    MOBILE FOOD SERVICE

(1) Mobile food services must comply with all requirements of this subchapter unless otherwise specified in this rule.

(2) Mobile food services must provide only single-service articles for use by the consumer.

(3) Mobile food services requiring a water system must have a potable water system under pressure and must be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and hand washing, in accordance with ARM 37.110.217. Additionally:

(a) The water inlet must be located so that it will not be contaminated by waste discharge, road dust, oil, or grease; be kept capped unless being filled; and be provided with a transition connection of a size or type that will prevent its use for any other service;

(b) All water distribution pipes or tubing must be constructed and installed in accordance with ARM 37.110.219.

(4) If liquid waste results from the operation of a mobile food service, the waste must be stored in a retention tank that is of at least 15% larger capacity than the water supply tank. Additionally:

(a) Liquid waste may not be discharged from the retention tank when the mobile food service is in motion;

(b) All connections on the vehicle for servicing mobile food service waste disposal facilities must be of a different size or type than those used for supplying potable water to the unit;

(c) The waste connection must be located lower than the water inlet connection to preclude contamination of the potable water system;

(d) The liquid waste retention tank, where used, must be thoroughly flushed and drained during the servicing operation;

(e) All liquid waste must be discharged to a sanitary sewage disposal system in accordance with ARM Title 17, chapter 38, subchapter 1.

(5) A mobile food service must report as needed to a servicing area for supplies, cleaning and maintenance, unless otherwise allowed by the local health authority.

(6) A mobile food service may have an approved water hauler and a licensed septic pumper service the unit. The approved water hauler and licensed septic pumper must be in compliance with ARM Title 17, chapter 38, the rules of the Montana department of environmental quality.

(7) A mobile food service need not comply with the requirements in ARM 37.110.215 regarding cleaning and sanitizing equipment and utensils, if the mobile food service reports daily to an approved servicing area, and serves:

(a) only food from approved sources, packaged in individual servings, and transported and stored under conditions meeting the requirements of this subchapter; or

(b) beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment.

(8) The local health authority may:

(a) impose additional requirements to protect against health hazards related to the conduct of the mobile food service;

(b) prohibit the sale of some or all potentially hazardous food; or

(c) when no health hazard will result, waive or modify requirements of this subchapter.

History: Sec. 50-50-103, MCA; IMP, Sec. 50-50-103, MCA; NEW, 2000 MAR p. 3201, Eff. 11/23/00.

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