Rule 37.110.240 - EXAMINATION AND CONDEMNATION OF FOOD(1) The owner or person in charge shall allow the regulatory authority to examine and sample food within the establishment at all reasonable times as is necessary for the enforcement of this subchapter and 50-31-509 and 50-31-510, MCA.(2) If the regulatory authority finds or has probable cause to believe that food it has examined or sampled is adulterated or misbranded, it shall detain or embargo the food by affixing a tag to it which prohibits its removal or use until permission is given by the regulatory authority or a court.(3) If the regulatory authority finds that the food is not adulterated or misbranded, it shall authorize its release; however, if it finds that it is adulterated or misbranded, it shall petition a justice court, city court, or district court for an order condemning the food and authorizing its destruction.(4) If the regulatory authority finds that a perishable food is unsound or contains any filthy, decomposed, or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, the regulatory authority shall immediately condemn or destroy the article or in any other manner render the article unsalable as human food.Mont. Admin. r. 37.110.240
NEW, 1979 MAR p. 677, Eff. 7/13/79; TRANS & AMD, 2000 MAR p. 3201, Eff. 11/23/00.Sec. 50-50-103, 50-50-303, MCA; IMP, Sec. 50-50-103, 50-31-509, MCA;