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Ex. DUT-MT-017 Standing duty Primary source read

Mont. Code Ann. 50-50-105

Diseased person not to handle food

Montana Legislature (Montana Code Annotated, Title 50, ch. 50, Food Establishments) · Montana (State)

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The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. Title 50, ch. 50 (Food Establishments), part 1
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding duty
Addressees
  • specified businesses (retail food establishments and food handlers and processors); employers; persons generally (the infected worker)
Character
sanitary code duty
Collection
Standing duties: Montana DUT-MT

Operative words

A person who has a communicable disease may not work in any retail food establishment or in the handling or processing of food served to the public until a local health officer has determined that the person is free of the infectious agent or unlikely to transmit the infectious agent because of the nature of the person's work.

Penalty

50-50-108: purposeful or knowing violation is a misdemeanor ($50-$100 first offense; $75-$200 second; $200 and up to 90 days third and subsequent); 50-50-109: civil penalty up to $500 for the establishment; 50-50-209: license cancellation for an uncorrected violation; 50-50-106: injunctions (all read at archive.legmt.gov; not saved)

What it required

Every restaurant, bar, casino food service, grocery and food processor in Montana was barred by standing law from letting an employee with a communicable disease (50-1-101(1)) work until the local health officer cleared the employee; the daily 'Health assessments' and exclusion of symptomatic staff that the reopening Directives made mandatory (Ex. MT-013 App. A: 'Health assessments must be conducted for all employees at the beginning of each shift') enforced a duty the food code already imposed.

Retrieval note

They are described by category only.