Cal. Civ. Code § 37.111.313
37.111.313 FOOD PROTECTION
Operative Text
(1) At all times, including while being stored, prepared, displayed, served or transported, food must be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage and overhead leakage or overhead drippage from condensation. The temperature of potentially hazardous food must be 45 ˚ F (5 ˚ C) or below or 135 ˚ F (60 ˚ C) or above except as provided in (2) . (2) Potentially hazardous foods prepared and held refrigerated for more than 24 hours in a bed and breakfast establishment shall be clearly marked at the time of preparation to indicate the date by which the food will be consumed which is, including the day of preparation: (a) seven calendar days or less from the day that the food is prepared, if the food is maintained at 41 ˚ F (5 ˚ C) or less; or (b) four calendar days or less from the day the food is prepared, if the food is maintained at 45 ˚ F (7 ˚ C) or less. (3) Laundry facilities may be present in the residential kitchen, but may not be used during food preparation and service.
Mont. Admin. R. 37.111.313 establishes food safety standards for bed and breakfast establishments by requiring that food be shielded from contamination sources—such as insects, rodents, and unsanitary equipment—at every stage from storage through service. Potentially hazardous foods must be kept at 45°F or below, or 135°F or above, unless they fall under the refrigerated-holding exception, which requires date-marking to show a consumption deadline of four or seven days depending on the storage temperature. Laundry equipment in a residential kitchen cannot be operated while food is being prepared or served.
Plain English — not legal advice.
Operators covered by Mont. Admin. R. 37.111.313 generally maintain food at required hot or cold temperatures throughout storage, preparation, display, and service, and protect it from physical and biological contamination at all times. When refrigerated potentially hazardous foods are held for more than 24 hours, compliant operators label those items at preparation time with a clear consume-by date that reflects the applicable four- or seven-day window. Laundry appliances present in a residential kitchen are kept idle during any food preparation or service period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Guests at bed and breakfast establishments benefit from the protections established under Mont. Admin. R. 37.111.313, which sets baseline standards for how food must be stored, handled, and temperature-controlled. If food safety concerns arise—such as improperly stored or unlabeled refrigerated items—guests may report those concerns to the Montana Department of Public Health and Human Services or a local environmental health office. Tenant-rights organizations or consumer protection resources can help individuals understand what remedies or reporting channels 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
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.