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Sanitarian: Local Food Choice law drove inspections; young snow-cone vendor licensed under temporary permit
Summary
Broadwater County sanitarian reported inspection progress, described enforcement challenges from the Montana Local Food Choice Act and said she licensed a young snow-cone vendor under a temporary permit despite statutory limits.
Megan Bullock, Broadwater County sanitarian in the environmental health department, told the Board of Health on June 16 that local enforcement has been busier this year due in part to the Montana Local Food Choice Act.
Bullock said she is “63% done with establishment inspections” and has conducted site evaluations, septic inspections and DEQ submittals. She reported 38 permits issued since Jan. 1 and said compliance work tied to the Local Food Choice Act had caused extra workload as producers learn how to meet requirements.
On the Local Food Choice Act, Bullock said the law allows some producers to sell directly from a home kitchen but contains restrictions. Bullock described the statute’s distinctions with the cottage-food rules (which cover non-potentially hazardous foods such as baked goods) and said the Local Food Choice Act does not allow third-party resale through a retail store. “You can do pretty much anything out of your home kitchen under local food choice with exception of foods that have meat product,” Bullock said. She added that a bill this legislative session that would have expanded allowances did not pass.
A board member asked whether a young person selling snow cones needed a license. Bullock said she licensed the youth under a temporary-permit process, noting the statutory temporary-permit option is limited to 21 days in connection with a specific event but that the department exercised discretion so the vendor could operate for the summer. Bullock said the annual retail license this person holds costs $85; she described the temporary-license rules as “a tough one” to apply in small-town circumstances.
Bullock told the board that enforcement for unauthorized sales can reach misdemeanor status and that penalties can include per-day fines and possible imprisonment; she described a small per-day fine as an example but characterized the monetary amount as approximate. She also described outreach: producers affected by the Local Food Choice Act are “one by one” coming in to learn compliance requirements.
Bullock said the temporary-permit approach is intended to balance public-safety oversight with small-town practices. Board members expressed support for permitting youth vendors while noting the complexity of state rules.
No formal action was taken at the meeting on changes to permitting policy.
