8.16.020 State rule adopted

The City adopts by reference the Montana Department of Public Health and Human Services Sanitary Rule for Food Manufacturing Establishments, Title 16, Chapter 10, Subchapter 3, dated November 11, 1994. A copy of the regulation shall be filed with the City Clerk as the official food-manufacturing code. (Ord. 2728, 1997; Prior code §8-1-2).

8.16.030 Permit—required

Each person, new owner or operator of an establishment shall make an application for a Health Department Permit prior to operation of such an establishment. This application shall be made in writing and signed by the owner, manager or authorized agent of the establishment. The Health Officer or authorized representative shall approve the permit provided that the establishment meets the minimum requirements of State and local health laws and regulations and requirements of this Code. No Food-manufacturing establishment will be allowed to operate without a valid Cascade County City/County Health Department Permit. (Prior code §8-1-3).

8.16.040 Permit—suspension

1. Permits may be suspended temporarily by the Health Authority for failure of the holder to comply with the requirements of this chapter. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, the permit holder or operator shall be notified in writing of the specified violations causing the suspension, that the permit is, upon service of the notice, immediately suspended, and that an opportunity for hearing will be provided if a written request for a hearing is filed with the Health Officer by the permit holder.
2. Justifications for permit suspension are as follows:
   1. Whenever the Health Authority finds unsanitary or other conditions in the operation of the Food-manufacturing establishment which, in their judgment, constitute a substantial hazard to the public health, the Health Officer may temporarily suspend the permit.
   2. Whenever, upon written notice to the owner, manager, or authorized agent of a Food-manufacturing establishment, an inspection reveals unsanitary conditions and health related problems exist within the establishment and the subsequent inspection of the establishment reveals that the problems and conditions still exist, the Health Authority may temporarily suspend the permit. (Ord. 2803, 2001; Prior code §8-1-4).

8.16.050 Permit--suspended—reinstatement

Any person whose permit has been suspended may, at any time, make application to the Health Department for a re-inspection for the purpose of reinstatement of the permit. Within ten days following the receipt of a written request, including a statement signed by the applicant that in the applicant’s opinion the conditions causing suspension of the permit have been corrected, the Health Authority shall make a re-inspection. If the applicant is found to be in compliance with the requirements of this chapter the permit shall be reinstated. (Ord. 2803, 2001; Prior code §8-1-5).

8.16.060 Permit—revocation

For serious or repeated violations of any of the requirements of this chapter, or for interference with the Health Authority in the performance of his/her duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Department. Prior to such action, the Health Officer shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five days following service of such notice, unless the permit holder files within the five days a request for a hearing before the Board of Health. A permit may be suspended for cause pending its revocation or a hearing relative thereto. (Ord. 2803, 2001; Prior code §8-1-6).

8.16.070 Hearings

The hearings provided for in this section shall be conducted by the Board of Health at a time and place designated by the Board Chair. Based upon the record of such hearing, the Board of Health shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the Board’s hearing decision shall be furnished to the permit holder by the Board Health. (Ord. 2803, 2001; Prior code §8-1-7).

8.16.080 Inspection of food-manufacturing establishments

1. At least once every year, the Health Authority shall inspect each food manufacturing establishment located in the City of Great Falls and shall make any additional inspections and re-inspections as are necessary for the enforcement of this chapter. The Health Authority shall have the power to enter and inspect anyplace where meat, game, poultry, fish, milk, groceries, or any other food products are prepared, handled, stored for public use and to inspect any vehicle transporting such products. Any person who in any manner interferes or attempts to interfere with the Health Authority in the discharge of duties, or any person being owner, agent, or manager or any place food is prepared, handled, or stored, who refuses to permit the Health Authority to have full access to the premises, or any food products that the Health Authority desires to inspect, is guilty of a violation of this chapter.
2. The Health Authority shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, an persons employed, during operation hours, or at any other time when food preparation is being conducted.
3. A written record of any inspections will be provided to the owner, agent, or manager of each establishment. (Ord. 2803, 2001; Ord. 2728, 1997; Ord. 2614 §2(Exh. B), 1991; Prior code §8-1-8)

8.16.090 Knowledge of food protection practices

The owner, operator, manager, and employees of any food manufacturing establishment may, at any time, be required by the Health Authority of Cascade County City-County Health Department to show sufficient knowledge of food protection practices, sanitation practices, and regulation requirements necessary to protect the public from foodborne illness. At the option of the Health Authority, owners, operators, managers, and key food preparation personnel may be required to participate in a food safety training course and/or may be tested on their knowledge of food protection prior to the opening of any new food processing establishment or any time there is a change of ownership/management of an existing food processing establishment or if there is a pattern of critical item violations within an existing establishment. (Ord. 2803, 2001; Ord. 2728, 1997)