Montana § 50-50-205 License Fee -- Late Fee -- Preemption Of Local Authority -- Exception

Montana Statutes

§ 50-50-205 — License Fee -- Late Fee -- Preemption Of Local Authority -- Exception

Montana·Title 50 HEALTH AND SAFETY·Ch. 50 RETAIL FOOD ESTABLISHMENTS·Part 2 Licensing

50-50-205 . License fee -- late fee -- preemption of local authority -- exception.

(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

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50-50-205 . License fee -- late fee -- preemption of local authority -- exception. (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.

Montana § 50-50-205 (License Fee -- Late Fee -- Preemption Of Local Authority -- Exception) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative 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.