SB 199

food or a homemade food product sold pursuant to [sections 1 through 3]."

Section 9. Section 50-50-301, MCA, is amended to read:

"50-50-301. Health officers and sanitarians to make investigations and inspections -- training requirements. (1) State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of retail food establishments once a year and make reports to the department as required under rules adopted by the department. An inspection may be conducted more often than once a year."

  1. A person conducting an inspection must be certified and have completed a food safety training program, such as the program administered by the national restaurant association educational foundation or its equivalent.
  2. (a) A cottage food operation is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to cottage food products.
  3. A cottage food operation may request an inspection and pay the appropriate costs for that inspection on a voluntary basis.
  4. A producer as defined in [section 2] selling homemade food or a homemade food product pursuant to [sections 1 through 3] is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to that homemade food or homemade food product.
  5. Section 10. Section 81-2-102, MCA, is amended to read:
  6. "81-2-102. Powers of department. (1) The department may:
  7. supervise the sanitary conditions of livestock in this state, under the provisions of the constitution and statutes of this state and the rules adopted by the department. The department may quarantine a lot, yard, land, building, room, premises, enclosure, or other place or section in this state that is or may be used or occupied by livestock and that in the judgment of the department is infected or contaminated with an infectious, contagious, communicable, or dangerous disease or disease-carrying medium by which the disease may be communicated. The department may quarantine livestock in this state when the livestock is affected with or has

Authorized Print Version – SB 199

ENROLLED BILL