Cal. Civ. Code § 37.111.320

37.111.320 FOOD EQUIPMENT AND UTENSILS

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/26/2026MontanaHabitability & Repair

Operative Text

Cal. Civ. Code § 37.111.320
(1) Multi-use food equipment and utensils must be:
(a) constructed and repaired with safe materials, including finishing materials;
(b) corrosion resistant and nonabsorbent; and
(c) smooth , easily cleanable, and durable under conditions of normal use.
(2) Single-service articles must be made from clean, sanitary and safe materials.
(3) Food equipment, utensils and single-service articles may not impart odors, color or taste, nor contribute to the contamination of food.
(4) Food equipment must be installed according to manufacturer's instructions.
(5) Hard maple or other nonabsorbent material that meets the general requirements set forth in (1) may be used for kitchen utensils, cutting blocks, cutting boards, salad bowls and baker's tables. Wood may be used for single-service articles, such as chop sticks, stirrers or ice cream spoons.
(6) Safe plastic, safe rubber or safe rubber-like materials are permitted for repeated use if they:
(a) are resistant under normal conditions of use to scratching, scoring and decomposition;
(b) are of sufficient weight and thickness to permit cleaning and sanitizing by normal dishwashing methods; and
(c) meet the general requirements set forth in (1) .
(7) Re-use of single-service articles is prohibited.
(8) Food-contact surfaces must be easily cleanable, smooth and free of breaks, open seams, cracks, chips, pits and similar imperfections. Cast iron may be used as a food-contact surface only if the surface is heated, such as in grills, griddle tops and skillets.
(9) Surfaces not intended for contact with food debris or which otherwise require frequent cleaning must be washable, nonabsorbent, accessible for cleaning and must be of such materials and in such repair as to be easily maintained in a clean and sanitary condition.
(10) Ventilation hoods and devices must be designed and installed to prevent grease or condensation from collecting on walls and ceilings and dripping into food or onto food-contact surfaces. Filters or other grease extracting equipment must be readily removable for cleaning and replacement if not designed to be cleaned in place.
(11) Food equipment that was installed in a bed and breakfast establishment prior to July 1, 2003 that does not fully meet all the design and fabrication requirements of this rule may be used if they are in good repair, capable of being maintained in a sanitary condition and the food-contact surfaces are nontoxic, except that:
(a) refrigeration equipment must be capable of holding potentially hazardous foods at or below 45°F (7°C) ;
(b) bed and breakfast establishments serving up to 10 meals per day that have only a two compartment dishwashing sink must install a heat-boosted domestic dishwashing machine or an adequate three compartment dishwashing sink;
(c) bed and breakfast establishments serving more than 10 meals per day must have a three compartment dishwashing sink; and
(d) bed and breakfast establishments licensed on or before July 1, 2003 must meet the provisions of (11) (c) within five years from July 1, 2003, when applicable.
(12) All replacement food equipment and new food equipment acquired after July 1, 2003 must meet the requirements of this rule.
Source: Legislative text reproduced verbatim
Plain English

Mont. Admin. R. 37.111.320 establishes material, construction, and maintenance standards for food equipment, utensils, and single-service articles used in food-service settings. Multi-use items must be durable, corrosion-resistant, nonabsorbent, and easily cleanable, while single-service articles may never be reused. Equipment must not transfer odors, colors, or tastes to food, and food-contact surfaces must be free of cracks, chips, and similar imperfections that could harbor contamination.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Operators of lodging establishments with food-service components—such as bed and breakfasts—are generally expected under Mont. Admin. R. 37.111.320 to ensure that all food equipment and utensils meet the rule's material and construction standards, with any equipment installed after July 1, 2003 required to fully comply. Compliant operators typically maintain food-contact surfaces in smooth, crack-free condition, install ventilation hoods that prevent grease from dripping onto food, and never reuse single-service articles. Bed and breakfast establishments that had equipment in place before July 1, 2003 may qualify for limited grandfathering provisions, but refrigeration must still hold potentially hazardous foods at or below 45°F and dishwashing capacity must meet the thresholds specified in the rule.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Guests at bed and breakfasts or similar lodging facilities in Montana have an interest in knowing that Mont. Admin. R. 37.111.320 sets enforceable standards for the cleanliness and safety of food equipment used in those establishments. If a guest observes conditions that appear to violate these standards—such as visibly cracked food-contact surfaces or evidence of reused single-service items—they may report concerns to the Montana Department of Public Health and Human Services, which oversees food-service facility compliance. Tenant-rights organizations or consumer protection resources can help individuals understand what remedies or complaint processes may be available under this provision.

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.

Effective Timeline

Current
Oct 26, 2026
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References Out

Rules and statutes cited by this regulation

Mont. Code Ann. § 50-51-103
Not yet ingested
Mont. Code Ann. § 50-51-108
Not yet ingested

References In

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections