Montana Statewide Rule

Montana Mobile Food Establishment Licensing Required Statewide

Heavy RestrictionsApplies statewide across Montana (2026)

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.

Key Facts

Statute: MCA Title 50 Chapter 50
License Issuer: DPHHS or local health
Renewal: Annual
Code Basis: Montana Food Code

Source: Montana Legislature

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?

The state food license is statewide, but operators must notify each local health jurisdiction where they operate and may need local business licenses or vending permits depending on the city.

What facilities must a Montana food truck have?

Mobile units need handwashing sinks, mechanical refrigeration, potable water tanks, wastewater holding, and approved commissary support under the Montana Food Code adopted under MCA 50-50.

Sources

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