Rule 37.110.231 - TOXIC MATERIALS(1) There shall be present in food service establishments only those poisonous or toxic materials necessary for maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and rodents. This rule does not apply to packaged poisonous or toxic materials that are for retail sale.(2) Containers of poisonous or toxic materials and personal care items must bear a legible manufacturer's label.(3) Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies must be clearly and individually identified with the common name of the material.(4) Poisonous or toxic materials consist of the following categories: (b) detergents, sanitizers, related cleaning or drying agents, caustics, acids, polishes, and other chemicals;(c) substances necessary for the operation and maintenance of the establishment such as nonfood-grade lubricants and personal care items that may be deleterious to health; and(d) substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.(5) All poisonous or toxic materials must be stored in cabinets or in a similar physically separate place used for no other purpose. To preclude contamination, poisonous or toxic materials may not be stored above food, food equipment, utensils or single-service articles, except that this requirement does not prohibit the convenient availability of detergents or sanitizers at utensil or dishwashing stations as long as storage requirements are followed as outlined on the manufacturer's label or a material safety data sheet, and containers are properly labeled.(6) Sanitizers, cleaning compounds or other compounds intended for use on food contact surfaces may not be used in a way that leaves a toxic residue on such surfaces or that constitutes a hazard to food employees or other persons.(7) Poisonous or toxic materials may not be used in a way that contaminates food, equipment, or utensils; in a way that constitutes a hazard to food employees or other persons; or in a way that is contrary to the manufacturers' labeling. A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food. Drying agents used in conjunction with sanitization must contain only components that are approved by the EPA.(8) Only those medicines necessary for the health of food employees and other authorized persons are allowed in a food establishment. Medicines for food employees and other authorized person's use must be labeled as specified in ARM 37.110.231(2) and located to prevent the contamination of food, equipment, utensils, linens, and single-service articles. This rule does not apply to medicines that are stored or displayed for retail sale.(9) First-aid supplies must be stored in a way that prevents them from contaminating food and food contact surfaces.Mont. Admin. r. 37.110.231
NEW, 1979 MAR p. 677, Eff. 7/13/79; AMD, 1986 MAR p. 1076, Eff. 6/27/86; TRANS & AMD, 2000 MAR p. 3201, Eff. 11/23/00.Sec. 50-50-103, MCA; IMP, Sec. 50-50-103, MCA;