Cal. Civ. Code § 37.111.314
37.111.314 FOOD STORAGE
Operative Text
(1) Food, whether raw or prepared, if removed from the container or package in which it was obtained, must be stored in a clean, covered container except during necessary periods of preparation or service. Container covers must be impervious and nonabsorbent, except that clean linens or napkins may be used for lining or covering bread or roll containers. (2) Containers of food must be stored above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area. (3) Food and containers of food may not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by the fire authority. The storage of food in toilet rooms or entryways is prohibited. (4) Food not subject to further washing or cooking before service must be stored in a way that protects it against cross contamination from food requiring washing or cooking. (5) Packaged foods, including wrapped sandwiches, may not be stored in direct contact with water or undrained ice. (6) Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained must be stored in a container identifying the food by common name. (7) Enough conveniently located refrigeration facilities or effectively insulated facilities must be provided to assure the maintenance of potentially hazardous food at required temperatures during storage. Each mechanically refrigerated facility storing potentially hazardous food must be provided with a numerically scaled temperature measuring device, accurate to ±3 ˚ F (±1.5 ˚ C) and must be located to measure the air temperature in the warmest part of the facility and must be located to be easily readable. Recording temperature measuring devices accurate to ±3 ˚ F (± 1.5 ˚ C) , may be used in lieu of indicating temperature measuring devices. (8) Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled utilizing such methods as shallow pans, agitation, quick chilling or water circulation external to the food container so that the cooling period and internal food temperature total no more than two hours with food cooled from 135°F (57.2°C) to below 70°F (21°C) or below and four hours with food cooled from 70°F (21°C) to 45°F (7°C) or less. (9) Ice used as a medium for cooling stored food, food containers or food utensils must not be used for human consumption. (10) The internal temperature throughout potentially hazardous foods requiring hot holding must be 135 ˚ F (57.2 ˚ C) unless maintained in accordance with (8) . (11) Guest food may be kept in the bed and breakfast establishment's refrigeration equipment, but must be segregated and labeled as not for sale or for use by the establishment.
Mont. Admin. R. 37.111.314 establishes detailed requirements for how food must be stored in regulated food-service settings, including bed and breakfast establishments. Food removed from its original packaging must be kept in clean, covered, impervious containers, stored off the floor, and away from sewer lines, toilet rooms, or entryways. The rule also sets specific temperature thresholds and cooling timelines for potentially hazardous foods, and requires that refrigeration units be equipped with accurate, readable thermometers.
Plain English — not legal advice.
Operators subject to Mont. Admin. R. 37.111.314 generally maintain food storage practices that include covered, labeled containers for bulk items, refrigeration units with numerically scaled thermometers accurate to within ±3°F, and documented cooling procedures that bring hot food from 135°F to below 70°F within two hours and then to 45°F or below within four additional hours. Compliant operators also ensure that food is stored above the floor, away from exposed sewer or water lines, and never in toilet rooms or entryways. Bed and breakfast operators specifically keep any guest-owned food segregated and labeled as not for sale or establishment use, as required under subsection (11).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Guests staying at a bed and breakfast or patrons of a food-service establishment have an interest in knowing that Mont. Admin. R. 37.111.314 sets enforceable standards for how food is stored, cooled, and held at temperature on the premises. If a guest observes conditions that appear to violate these storage requirements—such as food stored near sewer lines, unlabeled bulk containers, or refrigeration units without visible thermometers—they may report concerns to the Montana Department of Public Health and Human Services or the local environmental health authority that oversees food-service inspections. Tenant or guest food stored in an establishment's refrigerator under subsection (11) must be kept separate and clearly labeled, which is a specific protection guests can point to if their food is misused.
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.
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