Montana Code Annotated 2021



Part 1. General Provisions

Registration Of Cottage Food Operations -- Fee

50-50-117. Registration of cottage food operations -- fee. (1) A person in charge of a cottage food operation shall register with the local health authority in the county in which the person's domestic residence is located and pay a registration fee as provided in subsection (6).

(2) A registrant shall provide:

(a) the name of the cottage food operation;

(b) the physical address of the domestic residence, as defined in 50-50-102, where the ingredients are manufactured or packaged into cottage food products and stored;

(c) a brief description of expected or known food ingredient sources;

(d) a complete list of the cottage food products manufactured or packaged; and

(e) a copy of each cottage food product label.

(3) A local health authority may request additional food safety information, if needed, and shall submit the list of additional information to the department. The additional requested information may not restrain trade through extensive registration requirements.

(4) The local health authority shall submit a copy of the approved registration to the department, which may maintain a listing of cottage food operations.

(5) If a local health authority refuses to register a cottage food operation, the provisions of 50-50-215 apply, including the requirement for notification of the cottage food operation in writing.

(6) The person in charge of the cottage food operation shall pay a nonrefundable registration fee to the county in which the cottage food operation is registered. The department shall set the registration fee by rule. The county shall deposit the registration fee with the county treasurer.

(7) A tribal government may pursue an agreement with the department pursuant to the authority provided in 50-1-106 to coordinate the registration of cottage food operations subject to tribal regulations. The agreement must include an appeals process if the registration is not approved.

(8) If there is not a cooperative agreement pursuant to subsection (7), a person in charge of a cottage food operation may register with the department.

History: En. Sec. 2, Ch. 239, L. 2015.