Cal. Civ. Code § 37.111.321
37.111.321 FOOD EQUIPMENT AND UTENSILS: CLEANING AND SANITIZATION
Operative Text
(1) Food contact equipment, surfaces and utensils must be cleaned and sanitized prior to food preparation for the public and after each use. (2) Sinks, basins or other receptacles used for cleaning equipment and utensils must be cleaned and sanitized before use. (3) Food equipment and utensils must be preflushed or prescraped and when necessary, presoaked to remove food particles and soil. (4) Manual cleaning and sanitizing must be conducted in five steps as follows: (a) prerinsing or scraping; (b) thoroughly washing in a warm detergent solution that is kept clean; (c) rinsing with clean water to remove any abrasives and remove or dilute cleaning chemicals; (d) sanitization ; and (e) air drying and draining. (5) The food contact surfaces of all equipment and utensils must be sanitized by: (a) immersion for at least 1/2 minute in clean, hot water at a temperature of at least 170°F (77°C) or above; (b) immersion for at least one minute in a clean solution containing at least 50 parts per million ( ppm ) of available chlorine as a hypochlorite and at a temperature of at least 75°F (24°C) ; (c) immersion for at least one minute in a clean solution containing at least 12.5 ppm of available iodine and having a pH of 5.0 or less and at a temperature of at least 75°F (24°C) ; (d) immersion for at least one minute in a clean solution containing no more than 200 ppm of a quaternary ammonium compound solution by following manufacturer instructions; (e) immersion in a clean solution containing any other chemical sanitizing agent approved by the U.S. environmental protection agency that will provide the equivalent bactericidal effect of a solution containing at least 50 ppm of available chlorine as a hypochlorite at a temperature of at least 75°F (24°C) for one minute; or (f) rinsing , spraying or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under (5) (a) through (e) in the case of food equipment being too large to sanitize by immersion. (6) Chemicals used for sanitization may not have concentrations higher than the maximum permitted by (5) . A test kit or other device that measures the ppm concentration of the solution must be used at least once each business day. (7) Mechanical cleaning and sanitizing must be conducted using: (a) commercial dishwashers, which must comply with ARM 37.110.215 (17) through (27) ; or (b) a domestic or home style dishwasher may be used provided the following performance criteria are met: (i) the dishwasher must effectively remove physical soil from all surfaces of dishes; (ii) the dishwasher must sanitize dishes by the application of sufficient accumulative heat; (iii) the operator shall provide and use daily a maximum registering temperature measuring device or a heat thermal label to determine that the dishwasher's internal temperature is a minimum of 150°F (66°C) after the final rinse and drying cycle; and (iv) the dishwasher must be installed and operated according to manufacturer's instructions for the highest level of sanitization possible when sanitizing utensils and tableware. A copy of the instructions must be available on the premises at all times. (8) Drainboards , portable dish tubs, or similar devices must be provided for proper handling of soiled utensils prior to washing and for cleaned utensils following sanitizing and must be located so as to not interfere with the proper use of the dishwashing facilities. (9) Food contact surfaces must be sanitized by one of the following methods: (a) using moist cloths, which are kept clean and are rinsed frequently in a sanitizing solution mixed at twice the strength required for that sanitizing solution as provided in (5) (a) through (e) . However, using the same cloths and sanitizing solution for both food contact and nonfood contact surfaces is prohibited; (b) spraying with a sanitizing solution mixed at twice the strength required for that sanitizing solution as provided in (5) (a) through (e) ; or (c) using an alternative method approved by the regulatory authority.
Mont. Admin. R. 37.111.321 establishes detailed sanitation requirements for food contact equipment, surfaces, and utensils used in food service settings. The rule specifies both manual and mechanical cleaning procedures, including precise chemical concentrations, water temperatures, and immersion times for acceptable sanitizing methods. It also governs how soiled and cleaned utensils must be handled and stored, and requires daily testing of sanitizing solution concentrations to ensure compliance.
Plain English — not legal advice.
Mont. Admin. R. 37.111.321 does not directly govern residential landlord-tenant relationships; it applies to food service operators responsible for commercial or institutional food preparation equipment. Operators who manage facilities where food is prepared for the public — such as in assisted living properties or communal kitchens — generally maintain documented cleaning protocols, keep approved test kits on hand for daily concentration checks, and ensure that any dishwashing equipment meets the performance criteria outlined in this rule. Keeping manufacturer instructions for dishwashers on the premises at all times is among the specific operational requirements this provision imposes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.321 is a food safety regulation rather than a standard residential tenancy rule, but it may be relevant to tenants living in facilities that provide communal food service, such as assisted living communities or residential care settings. Tenants in such settings have an interest in knowing that food contact surfaces and utensils are cleaned and sanitized according to the standards this provision describes, including proper chemical concentrations and temperatures. Those who believe these standards are not being met may consider contacting Montana's relevant public health or food safety authority, or reaching out to a tenant-rights organization for guidance on applicable complaint processes.
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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