Cal. Civ. Code § 37.111.315
37.111.315 FOOD PREPARATION
Operative Text
(1) Food must be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross contamination. Sinks used for the preparation of foods must be cleaned and sanitized immediately before beginning the preparation of the food. (2) Raw fruits and raw vegetables must be thoroughly washed with potable water before being cooked or served. (3) Potentially hazardous foods must be cooked to heat all parts of the food to a temperature of at least 135 o F (57.2 o C) , except as follows: Food Item Temperature Poultry, poultry stuffing, stuffed meats, stuffings containing meat heat all parts of the food to at least 165 o F (74 o C) with no interruption in the cooking process Pork and pork products heat all parts of the food to at least 145 o F(63 o C) Rare roast beef, rare beef steak cook to an internal temperature of at least 130 o F(55 o C) unless otherwise ordered by customer for immediate service Ground meat cook to an internal temperature of 155 o F (68 o C) , and the food must hold this temperature for at least 15 seconds (4) Uncooked, unpasteurized shell eggs may not be used for the preparation of ready-to-eat foods or foods that are not further cooked or baked. (5) The reheating of food for hot holding must be done as follows: Food Item Temperature Potentially hazardous food that has been cooked, cooled and reheated for hot holding reheat to reach at least 165 o F (74 o C) in all parts of the food and maintain temperature for 15 seconds Reheating all food for hot holding reheat rapidly so that temperature of 165 o F (74 o C) is attained within two hours Ready-to-eat food taken from commercially processed hermetically sealed container or intact package from a licensed or approved food processing plant reheat to reach at least 140 o F (60 o C) prior to hot holding Cooked and refrigerated food that is for immediate service in response to a consumer's order, such as a roast beef sandwich au jus serve at any prepared temperature (6) Potentially hazardous food reheated for hot holding in a microwave oven must: (a) be covered; (b) rotated or stirred throughout or midway during cooking or according to label instructions during heating; (c) heated to a temperature of at least 165 o F (74 o C) ; and (d) allowed to stand covered for two minutes after reheating. (7) Digital or dial type metal stem temperature measuring devices accurate to + 2 o F ( + 1 o C) , must be used to assure the attainment and maintenance of proper internal cooking or holding temperatures of all potentially hazardous foods. (8) Potentially hazardous foods must be thawed: (a) in refrigerated units at a temperature not to exceed 45 o F (7 o C) ; (b) under potable running water of a temperature of 70 o F (22 o C) or below, with sufficient water velocity to agitate and float off loose food particles into the overflow for a period of time that does not allow thawed portions of a raw animal food requiring cooking to be above 45 o F (7 o C) for more than four hours; (c) in a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or (d) as part of the conventional cooking process. (9) Except for cooking and baking uses, potentially hazardous foods, once served, may not be returned to the preparation area and reserved for later meals. (10) Serving utensils must be used for the display and service of foods during family style meals.
Mont. Admin. R. 37.111.315 establishes detailed food preparation standards for food service establishments in Montana, covering everything from surface sanitation and produce washing to precise internal cooking temperatures for various proteins. The rule sets specific temperature thresholds for cooking, reheating, and thawing potentially hazardous foods, and requires calibrated thermometers to verify those temperatures. It also restricts the use of raw shell eggs in ready-to-eat foods and prohibits returning served food to the preparation area for later use.
Plain English — not legal advice.
Operators of food service establishments subject to Mont. Admin. R. 37.111.315 generally maintain documented cleaning and sanitizing protocols for all food-contact surfaces and sinks before each use. Compliant operations keep calibrated metal-stem thermometers on hand to verify that cooking and reheating temperatures meet the specific thresholds listed in the rule—such as 165°F for poultry and 155°F for ground meat—and train staff on proper thawing methods and the prohibition on re-serving food once it has left the preparation area. Routine staff training and temperature logs are common tools operators use to demonstrate ongoing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While Mont. Admin. R. 37.111.315 primarily governs food service establishments rather than residential tenancies, individuals who believe a food service operator is violating these food preparation standards—such as improper cooking temperatures or unsanitary preparation surfaces—can report concerns to the Montana Department of Public Health and Human Services, which oversees food establishment inspections under this rule. Complaints can typically be filed through the department's environmental health or food and consumer safety program. Tenant-rights organizations or local health departments can help identify the appropriate reporting channel if the concern arises in a setting such as a residential care facility subject to 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.
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