# Mont. Code Ann. § 50-50-103: 50-50-103 Department authorized to adopt rules -- advisory council > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-103 ## Section - **Citation:** Mont. Code Ann. § 50-50-103 - **Heading:** 50-50-103 Department authorized to adopt rules -- advisory council - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 50 / Chapter 50 / Part 1 / Section 50-50-103 ## Text 50-50-103 . Department authorized to adopt rules -- advisory council. (1) Except as provided in subsection (3), to protect public health, the department may adopt rules relating to: (a) the operation of retail food establishments and cottage food operations. The rules may address sanitation standards related to food, personnel, food equipment and utensils, and facilities and may address other controls, construction and fixtures, and housekeeping. (b) licensure of retail food establishments; and (c) registration for cottage food operations, including the fees to be charged for registration. The department shall specify in rule any fees for farmer's markets and cottage food operations that may be imposed by a regulatory authority. (2) The department may adopt rules regarding permitting fees, statewide standards, plans to be provided by mobile food establishments as part of a mobile food establishment's licensing requirements, and an appeals process at the state and local levels. (3) The department and local boards of health may not adopt rules or ordinances, respectively, that prohibit: (a) the sale of cottage food products; (b) the use of commercially processed wild game or fish meat in meals served by nonprofit retail food establishments pursuant to 50-50-126 ; or (c) the sale of homemade food or a homemade food product pursuant to Title 50, chapter 49. (4) (a) The department shall establish a food safety task force or advisory council to assist in the development of administrative rules or to review any proposed legislation related to the provisions of this chapter. (b) The task force or advisory council must be composed of equal numbers of representatives of the departments of public health and human services, agriculture, and livestock and of registered sanitarians from local regulatory authorities and no more than six members of the public. Each department head shall appoint two of the public members and confer with other department heads to provide geographic representation. Each public member must be an owner or employee of a licensed retail food establishment or a representative of the food industry. (c) The department shall present administrative rules and any legislation to be proposed by the department to the task force or advisory council prior to its proposal or introduction. When the department learns of proposed legislation related to the provisions of this chapter that has not been proposed by the department, the department shall provide copies of that legislation for review by the task force or advisory council and shall provide to the legislature any comments of the task force or advisory council. ## Nearby sections - [Mont. Code Ann. § 50-50-101 50-50-101 Purpose of regulation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-101.md) - [Mont. Code Ann. § 50-50-102 50-50-102 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-102.md) - [Mont. Code Ann. § 50-50-103 50-50-103 Department authorized to adopt rules -- advisory council](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-103.md) - [Mont. Code Ann. § 50-50-104 50-50-104 Cooperative agreements authorized](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-104.md) - [Mont. Code Ann. § 50-50-105 50-50-105 Diseased person not to handle food](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-105.md) - [Mont. Code Ann. § 50-50-106 50-50-106 Injunctions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-106.md) - [Mont. Code Ann. § 50-50-107 50-50-107 County attorney to prosecute violations](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-107.md) - [Mont. Code Ann. § 50-50-108 50-50-108 Violation -- misdemeanor](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-108.md) - [Mont. Code Ann. § 50-50-109 50-50-109 Civil penalties -- injunctions not barred](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-109.md) - [Mont. Code Ann. § 50-50-110 50-50-110 Costs and expenses -- recovery by department or county](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-110.md) - [Mont. Code Ann. § 50-50-116 50-50-116 Conditions for cottage food operation exemption from licensure and routine facility inspection](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-116.md) - [Mont. Code Ann. § 50-50-117 50-50-117 Registration of cottage food operations -- fee](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-117.md) - [Mont. Code Ann. § 50-50-120 50-50-120 Temporary food establishment requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-120.md) - [Mont. Code Ann. § 50-50-121 50-50-121 Requirements for farmer's markets](https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-121.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T50_C50_P1_S50-50-103. Check the current official text before relying on it. Not legal advice.