Montana Statewide Rule
Montana Mobile Food Establishment Licensing Required Statewide
Key Facts
- Statute
- MCA Title 50 Chapter 50
- License Issuer
- DPHHS or local health
- Renewal
- Annual
- Code Basis
- Montana Food Code
Summary
Montana requires all mobile food establishments to obtain state retail food licenses through the Department of Public Health. Local jurisdictions cannot waive state food safety inspections or licensure.
(5) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the licensing of a mobile food establishment subject to tribal regulations. The agreement must include an appeals process if the license is not validated. (6) If there is not a cooperative agreement pursuant to subsection (5), the department may issue a license to a person operating a mobile food establishment.
Full Breakdown
MCA Title 50, Chapter 50 (Food, Drugs, and Cosmetics) and ARM 37.110 require mobile food units to obtain a retail food establishment license issued by the Montana DPHHS or delegated local health department. Operators must pass plan review, demonstrate handwashing facilities, mechanical refrigeration, and approved water and wastewater handling. Licenses must be renewed annually. The Montana Food Code (based on FDA Food Code) applies uniformly. While cities may add zoning, vending location, and time-of-day restrictions, they cannot exempt operators from state licensing or food safety inspections.
Violations & Penalties
Operating without a state license violates MCA 50-50-201 with closure orders, fines up to $500 per day, and potential misdemeanor charges for repeat offenders.
Frequently Asked Questions
Do Montana food trucks need separate licenses in each city?
What facilities must a Montana food truck have?
Sources
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