This is an obsolete version of the rule. Please click on the rule number to view the current version.

37.110.301    DEFINITIONS

(1) "Adulterated food." A food shall be deemed "adulterated" if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; if it bears or contains any added poisonous or deleterious substances for which no safe tolerance has been established by regulations, 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 processed, prepared, packed, or held under unsanitary conditions, whereby it may have been rendered injurious to health; if it is in whole or in part the product of a diseased animal, or an animal which has died other than by slaughter; if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or as otherwise determined under 50-31-202 , MCA.

(2) "Approved" means acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice.

(3) "Closed joints" means fitted together snugly leaving no openings large enough to permit the entrance of vermin.

(4) "Corrosion-resistant material" means a material which maintains its original surface characteristics under prolonged influence of the foods, cleaning compounds, and sanitizing solutions which may contact it.

(5) "Easily cleanable" means readily accessible and of such material and finish and so fabricated that residue may be completely removed by normal cleaning methods.

(6) "Employee" means any person working in a food processing establishment who transports food or food containers; who engages in food preparation, cutting, wrapping, or service; or who comes in contact with any food utensils or equipment.

(7) "Equipment" means stoves, ranges, hoods, meatlocks, tables, counters, refrigerators, saws, cutting knives, mixers, grinders, tenderizers, sinks, utensils, washing machines, steam tables, and similar items used in food processing and storage.

(8) "Food," as used in this subchapter, means any raw, cooked, or processed edible substances, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

(9) "Food contact surfaces" means those surfaces of equipment and utensils with which food or food products normally come into contact, and those surfaces with which food and food products may come in contact and drain, drip, or splash back onto surfaces normally in contact with food or food products.

(10) "Health authority" means the department of public health and human services, local health officer, local sanitarian, or other authorized representative.

(11) "Food processing establishment" means a commercial establishment in which food is processed or otherwise prepared and/or packaged for human consumption, including food manufacturing establishments, meat markets, bakeries, frozen food plants, commercial food processors, or perishable food dealers.

(12) "Misbranded" means the use of any written, printed, or graphic matter upon or accompanying food or containers of food which violates 50-31-203 , MCA, the Montana Food, Drug and Cosmetic Act, or any other applicable local, state, and federal labeling requirements.

(13) "Perishable food" means any food of such type or in such condition as may spoil.

(14) "Person" means an individual, partnership, corporation, and association.

(15) "Potentially hazardous food" means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting infectious or toxigenic micro-organisms.

(16) "Safe temperatures," as applied to perishable and potentially hazardous foods, means temperatures of 45 º F or below and 140 º F or above.

(17) "Sanitize" means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying micro-organisms, including pathogens.

(18) "Sealed" means free of cracks or other openings which permit entry or passage of moisture.

(19) "Single-service articles" means cups, containers, lids or closures, plates, trays, knives, forks, spoons, stirrers, paddles, skewers, straws, toothpicks, napkins, doilies, packaging and wrapping materials, and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then shall be discarded.

(20) "Wholesome" means in sound condition, clean, free from adulteration and otherwise suitable for use as human food.

History: Sec. 50-50-103, MCA; IMP, Sec. 50-50-103, MCA; NEW, Eff. 11/4/73; TRANS, from DHES, 2001 MAR p. 2423.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security