1. (1) An adult day care center must provide:

   1. (a) at least one meal a day to clients who stay at the center up to 10 hours;
   2. (b) two meals per day to clients who stay at the center over 10 hours;
   3. (c) three meals per 16-hour period.
2. (2) Snacks must be offered between meals.

3. (3) The center must establish and maintain standards relative to food sources; refrigeration; refuse handling; pest control; storage, preparation, procuring, serving, and handling food; and dishwashing procedures that are sufficient to prevent food spoilage and the transmission of infectious disease, including the following:

   1. (a) Food must be obtained solely from sources that comply with all laws and rules relating to food and food labeling;
   2. (b) The use of home canned foods is prohibited;
   3. (c) If food subject to spoilage is removed from its original container, it must be kept sealed and labeled; and
   4. (d) Food subject to spoilage must be dated.
4. (4) Foods must be served in such amounts and in such variety to meet the nutritional needs of each client.
5. (5) Foods must be cut, chopped, and ground to meet individual needs.
6. (6) Potentially hazardous food, such as meat and milk products, must be stored at 41 º F or below. Hot food must be kept at 140 º F or above during preparation and serving.
7. (7) Freezers must be kept at a temperature of 0 º F or below and refrigerators must be kept at a temperature of 41 º F or below. Thermometers must be placed in the warmest area of the refrigerator and freezer to assure proper temperature.
8. (8) Produce, food, and containers of food must be stored a minimum of six inches above the floor in a manner that protects the food from splash and other contamination.
9. (9) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practice during all working periods in food service.
10. (10) No food service employee who is either infected with a disease in a communicable form that can be transmitted by foods, a carrier of organisms that cause such a disease, or afflicted with a boil, an infected wound, or an acute respiratory infection, may work in the food service area in any capacity in which there is a likelihood of that person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other persons.
11. (11) Tobacco products may not be used in the food preparation area.
12. (12) If an adult day care center contracts with another establishment to prepare food for the clients, a record of each such contract must be maintained for at least one year.

Authorizing statute(s): 50-5-103, MCA

Implementing statute(s): 50-5-103, MCA

History: NEW, 1994 MAR p. 1838, Eff. 7/8/94; TRANS, from DHES, 2002 MAR p. 185; AMD, 2025 MAR, Notice No. 37-1099, Eff. 1/11/25.