Law Updated for Local Montana Food Production
2021 Fallby Mercedes Overlie, RS,
who is a Public Health Sanitarian with the Food and Consumer Safety Section with the Montana Department of Health and Human Services.
Food entrepreneurs often have goals to maximize marketing opportunities and revenue for their business. To do so, they must obtain a retail food license and/or wholesale food license. These licenses allow for sales in local, national, and international markets. Currently Montana is home to establishments who sell products to Canada, Saudi Arabia, Qatar, Vietnam, Mongolia, and Mexico, to name a few, demonstrating the importance for obtaining licenses.
Licensure of food establishments involves a plan review of the proposed facility, conducted by a licensed professional with expertise in food safety. Plan reviews include an evaluation of the physical facility, equipment, and water source. This ensures the use of safe, potable water and proper wastewater disposal to avoid pollution. Plan reviews also evaluate aspects of operation including food process flow, menus, management, and policies, including employee health and hygiene. Reviews and subsequent inspections protect the consumer and the producer. It is important to remember that unlicensed producers of food have no similar oversight, therefore may not be following regulations.
At the end of April 2021, Senate Bill 199 was signed into law, also known as the Montana Local Food Choice Act. The new law exempts producers who sell specific homemade food products from licensing, certification, packaging, labeling, and inspection requirements. These exemptions only apply to producers who sell homemade food products in conformance with the bill. The criteria for exempt producers include the following:
- Transactions of homemade foods must be between the producer and an informed consumer. • Producers are required to inform the consumer that the homemade food products have not been licensed, permitted, certified, packaged, labeled, or inspected under any official regulations.
- Transactions must only take place within the state of Montana, sales across state lines are prohibited.
- Transactions must only be for home consumption or consumption at a traditional community event (weddings, funerals, potlucks, etc.), not intended for resale.
The following food products and activities are prohibited under this law:
- Wholesaling of any food products. Sales must be between the person making the food and the person consuming the food. This means products cannot be sold to restaurants, bars, grocery stores, coffee shops, hotels, schools, or any other entity intending to resell the products.
- Meat or meat products processed at a state-licensed establishment, federally approved meat establishment, by the producer, or by any third party may not be used in preparation of homemade food.
- Wild game is not allowed to be sold or used in preparation of homemade food.
- A 1,000-bird exemption allows transactions between an informed consumer and producer who slaughters no more than 1,000 birds per year. Food containing chicken products that do not fall under this exemption are not allowed. This includes products containing chicken ingredients such as eggs, chicken stock, chicken bouillon, etc.
- Alcohol, drugs, and dietary supplements are not allowed to be sold or used in preparation of homemade food.
- No food preparation is allowed outside the private home. Licensing, such as a temporary permit, is required for any off-site preparation.
While SB 199 is now an option, the Montana Food and Consumer Safety Section strongly encourages all food producers to pursue licensure, registration, or permits. Licensure lends credibility for producers, ensuring for the end consumer that all products are regulated for safety. As mentioned earlier, licensure also opens opportunities for more informed clientele, a wider range of approved products, wholesaling, interstate sales, and international sales.
A Cottage Food registration is another opportunity for producers who want to sell non-potentially-hazardous products from a home kitchen. Like SB 199, Cottage Food Operations (CFO) are not inspected unless a complaint or illness investigation occurs. Cottage Food registration is a good start for producers who plan to eventually grow into a larger business of wholesaling, online sales, or producing potentially hazardous foods. It can create a better understanding of food labeling compliance, requirements, and regulations while benefitting local communities by providing residents with access to safe, locally-produced foods.
Though local authorities are allowed to investigate if an outbreak occurs, it’s important that food operators are informed that under SB 199, all responsibility lies with them to create safe products.
Mercedes Overlie, RS, is a Public Health Sanitarian with the Food and Consumer Safety Section with the Montana Department of Health and Human Services. Public Health Sanitarian Food and Consumer Safety Section 1400 E Broadway Street Helena, MT 59620