Cal. Civ. Code § 37.111.308
37.111.308 PERSONNEL
Operative Text
(1) No person, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such a disease or while afflicted with a boil, an infected wound, diarrheal illness or acute gastrointestinal illness or an acute respiratory infection, shall work in a food service portion of the bed and breakfast in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other persons. Food employees experiencing persistent sneezing, coughing or runny nose that causes discharges from the eyes, nose or mouth may not work with exposed food, clean food equipment, utensils, linens or unwrapped single-service or single-use articles. (2) All personnel shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work, as often as is necessary to keep them clean and especially after smoking, eating, drinking or using the toilet. Employees shall keep their fingernails clean and trimmed. (3) The outer clothing of all personnel must be clean. (4) All personnel shall consume food only in areas that will not result in contamination of other food, equipment, utensils or items needing protection. (5) All personnel shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the bed and breakfast establishment.
Mont. Admin. R. 37.111.308 establishes health and hygiene standards for all personnel working in the food service areas of Montana bed and breakfast establishments. The rule bars anyone with communicable illnesses, infected wounds, gastrointestinal conditions, or certain respiratory symptoms from handling food or food-contact surfaces. It also requires thorough handwashing, clean clothing, trimmed fingernails, and eating only in areas that won't contaminate food or equipment.
Plain English — not legal advice.
Under Mont. Admin. R. 37.111.308, operators of bed and breakfast establishments generally maintain written or communicated policies that require staff to report illness before working food service shifts, follow prescribed handwashing procedures, and wear clean outer clothing at all times. Compliant operators typically designate specific areas where employees may eat or drink so that food preparation zones remain uncontaminated. Routine monitoring of staff hygiene practices and clear protocols for excluding ill workers from food-handling duties are hallmarks of operations that align with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Guests staying at a Montana bed and breakfast are protected by Mont. Admin. R. 37.111.308, which sets minimum hygiene and health standards for anyone involved in food service at the property. If a guest observes or experiences conditions suggesting these standards are not being met—such as visibly ill staff handling food—they may report concerns to the Montana Department of Public Health and Human Services, which oversees food service sanitation rules. Tenant-rights organizations or local health departments can also help guests understand what options are generally available when a food safety concern arises.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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