Mont. Code Ann. § 50-50-205
License fee -- late fee -- preemption of local authority -- exception
En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(2); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 1, Ch. 336, L. 1983; amd. Sec. 1, Ch. 247, L. 1989; amd. Sec. 2, Ch. 732, L. 1991; amd. Sec. 14, Ch. 366, L. 1997; amd. Secs. 4, 5, Ch. 528, L. 2003; amd. Sec. 2, Ch. 482, L. 2009; amd. Sec. 17, Ch. 239, L. 2015; amd. Sec. 1, Ch. 305, L. 2017; amd. Sec. 3, Ch. 737, L. 2025.
(1)
- (a) Except as provided in subsection (6) or (7), the department shall collect for each license issued or renewed a fee as provided in subsection (1)(b). Of the fees collected under this section, 90% must be deposited into the local board inspection fund account created in 50-2-108, 5% into the general fund, and 5% into the account provided for in 50-50-216.
(b) License fees are:
- (i) $150 for a small retail food establishment as defined in 50-50-102;
- (ii) $225 for a medium retail food establishment as defined in 50-50-102;
- (iii) $275 for a large retail food establishment as defined in 50-50-102;
- (iv) $150 for a small mobile food establishment as defined in 50-50-102; and
- (v) $225 for a large mobile food establishment as defined in 50-50-102.
(2)
- (a) In addition to the license fee required under subsection (1), the department shall collect a late fee of $25 from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates a retail food establishment governed by this part in the next licensing year.
- (b) The late fee must be deposited in the account provided for in 50-50-216.
- (3) A county or other local government may not impose an inspection fee or charge in addition to the fee provided for in subsection (1) unless a violation of this chapter or rule persists and is not corrected after two inspections of the retail food establishment.
- (4) The fees in subsections (1) and (2) may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. However, the discounting of license fees may not reduce the fees paid into the local board inspection fund account established in 50-2-108.
- (5) The department shall collect a fee as provided in rule for each mobile food establishment plan submitted to the department for review.
(6)
- (a) A local health authority shall collect a fee, as provided in subsection (6)(b), for a permit issued for a temporary food establishment required to register under 50-50-120.
- (b) A fee charged to a temporary food establishment may not exceed the amount charged to a retail food establishment as provided in subsection (1).
- (c) The local regulatory authority shall use the revenue from the fee collected under this subsection (6) to defray costs associated with issuing a temporary food establishment permit and the costs of inspections required under this chapter.
- (7) A fee may not be charged to a person who sells or serves whole shell eggs at a farmer's market if the whole shell eggs are clean, free of cracks, and stored in clean cartons that are labeled in accordance with department rules and kept at a temperature established by the department by rule.
History: En. Sec. 3, Ch. 17, L. 1967; amd. Sec. 1, Ch. 48, L. 1973; amd. Sec. 1, Ch. 508, L. 1975; R.C.M. 1947, 27-614(2); amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 1, Ch. 336, L. 1983; amd. Sec. 1, Ch. 247, L. 1989; amd. Sec. 2, Ch. 732, L. 1991; amd. Sec. 14, Ch. 366, L. 1997; amd. Secs. 4, 5, Ch. 528, L. 2003; amd. Sec. 2, Ch. 482, L. 2009; amd. Sec. 17, Ch. 239, L. 2015; amd. Sec. 1, Ch. 305, L. 2017; amd. Sec. 3, Ch. 737, L. 2025.