Cal. Civ. Code § 37.111.322
37.111.322 FOOD EQUIPMENT AND UTENSILS: STORAGE AND HANDLING
Operative Text
(1) Cleaned and sanitized food equipment and utensils must be handled in a way that protects them from contamination. Spoons, knives and forks must be touched only by their handles. Cups, glasses, bowls, plates and similar items must be handled without contact with inside surfaces or surfaces that contact the user's mouth. (2) Cleaned and sanitized food equipment and utensils must be stored above the floor in a clean, dry location in a way that protects them from being contaminated by splash, dust and contaminants. The food contact surfaces of fixed equipment must be protected from contamination. Food equipment and utensils may not be placed under exposed sewer or water lines except for automatic fire protection sprinkler heads. (3) Utensils must be air dried before being stored or must be stored in a self draining position. (4) Single-service articles must be stored above the floor in closed cartons or containers which protect them from contamination and must not be placed under exposed sewer or water lines except for automatic fire protection sprinkler heads. (5) Single-service articles must be handled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food or with the mouth of the user. (6) Food equipment, utensils or single-service articles may not be stored in toilet rooms or entryways.
Mont. Admin. R. 37.111.322 establishes standards for how cleaned and sanitized food equipment, utensils, and single-service articles must be stored and handled in food service settings. Items must be kept off the floor, away from contamination sources like sewer lines, and out of toilet rooms or entryways. Utensils must be air dried before storage, and items like cups and cutlery must be handled only by surfaces that do not contact food or a user's mouth.
Plain English — not legal advice.
Operators of food service establishments subject to Mont. Admin. R. 37.111.322 generally maintain storage areas that are clean, dry, and elevated off the floor, ensuring no equipment or utensils are placed beneath exposed sewer or water lines. Staff training typically covers proper handling techniques—such as gripping cutlery by handles only and avoiding contact with food-contact surfaces of dishes. Single-service articles are kept in closed cartons in approved locations, and toilet rooms and entryways are never used as storage areas for any food equipment or utensils.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.322 applies primarily to food service establishments rather than residential tenancies, but individuals who observe violations—such as improperly stored utensils or equipment kept in toilet rooms—may report concerns to the Montana Department of Public Health and Human Services, which oversees food service sanitation rules. Those with questions about how these standards apply in a specific food service context can consult a tenant-rights organization or legal aid resource for general guidance. Understanding these rules can help individuals recognize when food handling practices in a shared or commercial kitchen setting may fall short of state requirements.
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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