50-50-301. Health officers and sanitarians to make investigations and inspections -- training requirements. (1) State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of retail food establishments once a year and make reports to the department as required under rules adopted by the department. An inspection may be conducted more often than once a year.
(2) A person conducting an inspection must be certified and have completed a food safety training program, such as the program administered by the national restaurant association educational foundation or its equivalent.
(3) (a) A cottage food operation is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to cottage food products.
(b) A cottage food operation may request an inspection and pay the appropriate costs for that inspection on a voluntary basis.
(4) A producer as defined in 50-49-202 selling homemade food or a homemade food product pursuant to Title 50, chapter 49, part 2, is not subject to inspection under this section unless the state or local health officer is investigating a complaint based on an illness or an outbreak suspected to be directly related to that homemade food or homemade food product.
History: En. Sec. 11, Ch. 17, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; R.C.M. 1947, 27-621(1); amd. Sec. 4, Ch. 732, L. 1991; amd. Sec. 6, Ch. 528, L. 2003; amd. Sec. 25, Ch. 239, L. 2015; amd. Sec. 9, Ch. 320, L. 2021.