Senate Bill No. 338
Introduced By grosfield
A Bill for an Act entitled: "An Act requiring licensure of certain guest ranches and outfitting and guide facilities by the
department of public health and human services; DEREGULATING FOOD SERVICE IN CERTAIN
ESTABLISHMENTS THAT SERVE FOOD ONLY TO REGISTERED GUESTS; providing definitions; requiring the
department to adopt rules; requiring negotiated rulemaking;
providing for license fees; providing for 2-year licenses and
staggered license dates; requiring an opportunity for correction of certain licensing violations; amending sections 50-50-102, 50-51-101, 50-51-102, 50-51-103, 50-51-201, 50-51-204, 50-51-207, and 50-51-401, MCA; and providing effective
Be it enacted by the Legislature of the State of Montana:
SECTION 1. SECTION 50-50-102, MCA, IS AMENDED TO READ:
"50-50-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Baked goods" means breads, cakes, candies, cookies, pastries, and pies that are not potentially hazardous foods.
(2) (a) "Commercial establishment" means an establishment operated primarily for profit.
(b) The term does not include a farmer's market.
(3) "Department" means the department of public health and human services provided for in 2-15-2201.
(4) "Establishment" means a food manufacturing establishment, meat market, food service establishment, food warehouse, frozen food plant, commercial food processor, or perishable food dealer.
(5) "Farmer's market" means a farm premises, a roadside stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority.
(6) "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption.
(7) "Food manufacturing establishment" means a commercial establishment and buildings or structures in connection with it used to manufacture or prepare food for sale or human consumption, but does not include milk producers' facilities, milk pasteurization facilities, milk product manufacturing plants, slaughterhouses, or meat packing plants.
(8) (a) "Food service establishment" means a fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, sandwich shop, soda fountain, food store serving food or beverage samples, food or drink vending machine, tavern, bar, cocktail lounge, nightclub, industrial feeding establishment, catering kitchen, commissary, private organization routinely serving the public, or similar place where food or drink is prepared, served, or provided to the public with or without charge.
(b) The term does not include establishments, vendors, or vending machines that sell or serve only packaged, nonperishable foods in their unbroken, original containers or a private organization serving food only to its members.
(c) The term does not include
a seasonal establishment or a small AN establishment, as defined in 50-51-102, that serves
food only to its registered guests.
(9) (a) "Food warehouse" means a commercial establishment and buildings or structures in connection with it used to store food, drugs, or cosmetics for distribution to retail outlets.
(b) The term does not include a wine, beer, or soft drink warehouse that is separate from facilities where brewing occurs.
(10) "Frozen food plant" means a place used to freeze, process, or store food, including facilities used in conjunction with the frozen food plant, and a place where individual compartments are offered to the public on a rental or other basis.
(11) "Meat market" means a commercial establishment and buildings or structures in connection with it used to process, store, or display meat or meat products for sale to the public or for human consumption.
(12) "Nonprofit organization" means any organization qualifying as a tax-exempt organization under 26 U.S.C. 501.
(13) "Perishable food dealer" means a person or commercial establishment that is in the business of purchasing and selling perishable food to the public.
(14) "Person" means a person, partnership, corporation, association, cooperative group, or other entity engaged in operating, owning, or offering services of an establishment.
(15) (a) "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of supporting:
(i) the rapid and progressive growth of infectious or toxigenic microorganisms; or
(ii) the growth and toxin production of Clostridium botulinum.
(b) The term includes cut melons, garlic and oil mixtures, a food of animal origin that is raw or heat-treated, and a food of plant origin that is heat-treated or consists of raw seed sprouts.
(c) The term does not include:
(i) an air-cooled, hard-boiled egg with intact shell;
(ii) a food with a hydrogen ion concentration (pH) level of 4.6 or below when measured at 24C (75F);
(iii) a food with a water activity (aw) value of 0.85 or less;
(iv) a food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; or
(v) a food for which laboratory evidence is accepted by the department as demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur.
(16) (a) "Preserves" means processed fruit or berry jams, jellies, compotes, fruit butters, marmalades, chutneys, fruit aspics, fruit syrups, or similar products that have a hydrogen ion concentration (pH) of 4.6 or below when measured at 24C (75F) and that are aseptically processed, packaged, and sealed.
(b) The term does not include:
(i) tomatoes or food products containing tomatoes; or
(ii) any other food substrate or product preserved by any method other than that described in subsection (16)(a).
(17) "Raw and unprocessed farm products" means fruits, vegetables, and grains sold at a farmer's market in their natural state that are not packaged and labeled and are not:
(c) preserved, except for drying;
(d) combined with other food products; or
(e) peeled, diced, cut, blanched, or otherwise subjected to value-adding procedures."
Section 2. Section 50-51-101, MCA, is amended to read:
Purpose Findings and purpose of regulation. (1) It is hereby found and declared that the public welfare
requires control and regulation of the operation of establishments providing lodging space accommodations , as defined in
50-51-102 hereof, and the control, inspection, and regulation of persons engaged therein providing accommodations in
order to prevent or eliminate unsanitary and unhealthful conditions and practices, which conditions and practices may
endanger public health. It is further found and declared that the regulation of establishments providing lodging space
accommodations as above outlined is in the interest of social well-being and the health and safety of the state and all of its
(2) The legislature recognizes that there is a wide disparity in the type of establishments, especially in the size, the time of year at which the establishments operate, and the ability of small establishments with few employees and a limited operating season to conform to the same standards to which larger establishments are required to conform. These factors must be considered, especially in the operation of small or seasonal businesses that are such an important part of Montana's tourism business. For these reasons, the legislature believes that department rules must be tailored to properly and reasonably address differences in the size, location, purpose, and time of year of operation of certain small or seasonal establishments. The legislature believes that rules governing certain small or seasonal establishments must be limited to requirements meant to ensure basic health standards and should not detract from the rustic, out-of-doors experience offered by many guest ranches and outfitter and guide facilities and desired by many tourists."
Section 3. Section 50-51-102, MCA, is amended to read:
"50-51-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-2201.
(2) "Establishment" means a hotel, motel, roominghouse, guest ranch, outfitting and guide facility, boardinghouse, or
THAT PROVIDES SLEEPING ACCOMMODATIONS FOR NINE OR MORE GUESTS AT ONE TIME.
(3) "Guest ranch" means a facility that:
(a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen;
(b) furnishes sleeping accommodations on advance reservations for a minimum stay;
(c) provides hunting, horseback riding, fishing, or a working cattle ranch experience to its guests; and
(d) is a small establishment or a seasonal establishment.
(3)(4) "Hotel" or "motel" includes a building or structure kept, used, maintained as, advertised as, or held out to the public
to be a hotel, motel, inn, motor court, tourist court, public lodginghouse, or place where sleeping accommodations are
furnished for a fee to transient guests, with or without meals.
(5) "Outfitting and guide facility" means a facility that:
(a) uses one or more permanent structures, one or more of which have running water, sewage disposal, and a kitchen;
(b) furnishes sleeping accommodations to guests;
(c) offers hunting, fishing, or recreational services in conjunction with the services of an outfitter or guide, as defined in 37-47-101; and
(d) is a small establishment or a seasonal establishment.
(4)(6) "Person" includes an individual, partnership, corporation, association, county, municipality, cooperative group, or
other entity engaged in the business of operating, owning, or offering the services of a hotel, motel, boardinghouse, tourist
home, guest ranch, outfitting and guide facility, or roominghouse. (5)(7) "Roominghouse" or "boardinghouse" means buildings in which separate sleeping rooms are rented that provide
sleeping accommodations for three or more persons on a weekly, semimonthly, monthly, or permanent basis, whether or
not meals or central kitchens are provided but without separated cooking facilities or kitchens within each room, and whose
occupants do not need professional nursing or personal-care services provided by the facility.
(8) "Seasonal establishment" means a guest ranch or outfitting and guide facility operating for less than 120 days in a
calendar year and offering accommodations to AT LEAST 9 BUT NO MORE THAN 40 people
or fewer at one time.
(9) "Small establishment" means a guest ranch or an outfitting and guide facility offering accommodations to AT LEAST
9 BUT NO MORE THAN 24 people
or fewer at one time. (6)(10) "Tourist home" means an establishment or premises where sleeping accommodations are furnished to transient
guests for hire or rent on a daily or weekly rental basis in a private home when the accommodations are offered for hire or
rent for the use of the traveling public. (7)(11) "Transient guest" means a guest for only a brief stay, such as the traveling public."
Section 4. Section 50-51-103, MCA, is amended to read:
"50-51-103. Department authorized to adopt rules. (1) The department may adopt and enforce rules to preserve the public health and safety.
These rules shall (2) Rules applicable to a hotel, motel, roominghouse, boardinghouse, or tourist home must relate to
construction, furnishings, housekeeping, personnel, sanitary facilities and controls, water supply, sewerage and sewage
disposal system, refuse collection and disposal, registration and supervision, and fire and life safety code.
(3) The department shall adopt rules governing guest ranches and outfitting and guide facilities. The rules must take into consideration the size, type, location, and seasonal operations of an establishment and may include only rules to:
(a) ensure that the establishment has safe drinking water and an adequate water supply;
(b) ensure an adequate and sanitary sewage system and refuse disposal system;
(c) address food safety concerns, such as adequate storage
and, refrigeration, AND FOOD HANDLING; and
(d) establish staggered license expiration dates by implementing an initial licensing period determined by the department.
(4) Rules adopted to implement subsection (3) must be adopted through negotiated rulemaking pursuant to the Montana Negotiated Rulemaking Act.
(5) THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR COUNTY SANITARIANS TO ENSURE THE UNIFORM APPLICATION OF RULES STATEWIDE. THE GUIDELINES MUST BE RELATIVE TO EACH TYPE OF ESTABLISHMENT.
(6) UPON RECEIVING AN APPLICATION FOR LICENSURE, THE DEPARTMENT SHALL TIMELY PROVIDE THE APPLICANT WITH A COPY OF THE RULES APPROPRIATE FOR THE APPLICANT'S TYPE OF ESTABLISHMENT."
Section 5. Section 50-51-201, MCA, is amended to read:
"50-51-201. License required. (1)
Each year, every Except as provided in this section, a A EXCEPT AS PROVIDED IN
SUBSECTION (2), A person engaged in the business of conducting or operating a hotel, motel, tourist home,
boardinghouse, or roominghouse an establishment shall annually procure a license issued by the department.
(2) A GUEST RANCH OR AN OUTFITTING AND GUIDE FACILITY THAT DOES NOT MEET THE DEFINITIONS IN 50-51-102 AND THAT PROVIDES ACCOMMODATIONS TO FEWER THAN NINE PEOPLE DURING EACH DAY OF OPERATION IS NOT REQUIRED TO OBTAIN A LICENSE UNDER SUBSECTION (1).
(2)(3) The department may issue a license to a guest ranch or outfitting and guide facility only for a license term of 2 years
after an initial license term determined by the department. Guest ranches and outfitting and guide facilities need not apply
for a license pursuant to this chapter for the first time until the later of:
(a) the completion of negotiated rulemaking and public notification by the department of the necessity for those guest ranches or outfitting and guide facilities to obtain a license pursuant to this chapter; or
(b) July 1, 1998.
(2)(3)(4) A separate license is required for each establishment ; however. However, when more than one of each type of
establishment is operated on the same premises and under the same management, only one license is required that must
enumerate on the certificate the types of establishments licensed. (3)(4)(5) Before a license may be issued by the department, it must be validated by the local health officer or, if there is no
local health officer, the sanitarian, in the county where the establishment is located." Section 5. Section 50-51-204, MCA, is amended to read: "50-51-204. License fee -- late fee. (1) There shall be paid An applicant for an annual license or a license with an initial
license term of less than 1 year shall pay to the department with each application for such a license or for renewal of such a
license an annual license fee of $40. An applicant for a biennial license or a license with an initial license term of more than
1 year shall pay a license or renewal fee of $80. The department shall deposit 85% of the fees collected under this section
into the local board inspection fund account created in 50-2-108, 11.25% of the fees into the general fund, and 3.75% of the
fees into the account provided for in 50-51-110. (2) In addition to the license fee required under subsection (1), the department shall collect a late fee from any licensee
who has failed to submit a license renewal fee prior to the expiration of his a current license and who operates an
establishment governed by this part in the next licensing year or 2-year period in the case of a biennial license. The late fee
is $25 and must be deposited in the account provided for in 50-51-110."
Section 6. Section 50-51-207, MCA, is amended to read:
"50-51-207. Expiration date of license.
Each annual license shall expire on December 31 following expires 1 year after
its date of issue unless canceled for cause. Each biennial license expires 2 years from the date of issuance. Licenses issued
for the purpose of implementing staggered licensing terms expire on the date determined by the department. (1) EXCEPT
AS PROVIDED IN SUBSECTION (2), EACH LICENSE EXPIRES ON DECEMBER 31 FOLLOWING ITS DATE OF
ISSUE UNLESS CANCELED FOR CAUSE.
(2) THE DEPARTMENT MAY AMEND OR ISSUE LICENSES TO PROVIDE FOR STAGGERED EXPIRATION DATES. THE DEPARTMENT MAY PROVIDE FOR INITIAL LICENSE TERMS OF GREATER THAN 12 MONTHS BUT NO MORE THAN 23 MONTHS IN ADOPTING STAGGERED EXPIRATION DATES. THEREAFTER, LICENSES EXPIRE ANNUALLY. A LICENSE FEE FOR THE TERM OF A LICENSE DURING IMPLEMENTATION OF STAGGERED LICENSES MAY BE PRORATED BY THE DEPARTMENT."
Section 7. Section 50-51-401, MCA, is amended to read:
"50-51-401. Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500.
(2) Penalties may not be assessed against a guest ranch or outfitter and guide facility unless the guest ranch or outfitting and guide facility receives a written notice of a violation and fails to correct the violation within 30 days.
(2)(3) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with
this chapter or to enforce compliance with a rule adopted by the department pursuant to this chapter."
NEW SECTION. SECTION 8. COORDINATION INSTRUCTION. IF SENATE BILL NO. 118 IS NOT PASSED AND APPROVED:
(1) SECTION 50-50-102(8)(C) OF THESE AMENDMENTS MUST INCLUDE THE WORDS "BED AND BREAKFAST OR A" FOLLOWING "INCLUDE A";
(2) SECTION 50-51-102 MUST INCLUDE THE FOLLOWING DEFINITION: "(1) "BED AND BREAKFAST" MEANS A PRIVATE, OWNER- OR MANAGER-OCCUPIED RESIDENCE THAT IS USED AS A PRIVATE RESIDENCE BUT IN WHICH:
(A) BREAKFAST IS SERVED AND IS INCLUDED IN THE CHARGE FOR A GUEST ROOM; AND
(B) THE NUMBER OF DAILY GUESTS SERVED DOES NOT EXCEED 18."
(3) 50-51-102(2) AND (6) OF THE FIRST READING COPY OF THIS BILL MUST INCLUDE "BED AND BREAKFAST," FOLLOWING "MOTEL,".
(4) 50-51-401(2) OF THE FIRST READING COPY OF THIS BILL MUST INCLUDE THE WORDS "A BED AND BREAKFAST OR" FOLLOWING "AGAINST".
NEW SECTION. Section 9. Effective dates. (1) Except as provided in subsection (2), [this act] is effective July 1, 1998.
(2) [Section 3 and this section] are effective on passage and approval.