Retail and Wholesale Food Safety

Most operators will require a license, permit or certificate to serve food to the public. However, packaged food that is made by a licensed manufacturer and does not require time or temperature control for safety (bottled water, canned soda, bags of potato chips, candy bars, etc.) may be sold without a license, permit or certificate. Additionally, some limited food items that are made in a home kitchen may be sold directly to a consumer in a face-to-face transaction without a license, permit or certificate.

Yes, there is a difference between a caterer and a private chef.

A private chef works entirely out of the home kitchen of their client. The food is purchased and brought to the client's home and served only to that client and the guests within their home. No license is required for a private chef.

A caterer makes food in a separate commercial kitchen and then serves it off site at another location to a known number of guests such as a wedding, graduation party, retirement party, etc. (not to the general public such as at a farmers' market or other public event). Catering requires a retail food purveyor license.

There are two basic types of food purveyor licenses: retail and wholesale. A retail license allows for the sale of food directly to the end consumer. A wholesale license is needed to sell food to other retailers, who in turn resell the food. It is possible for an operation to need both retail and wholesale licensure. Retail licenses can be further subtyped as a facility, a mobile food service (a truck, trailer or cart that changes location), a temporary food service (a tent or kiosk that operates associated with a temporary event) or a cottage food operation (low risk foods made in a home kitchen).

The first step is to complete and submit a plan review application for review. Each license type has its own plan review application. The figure below outlines the key steps to acquiring a license. In addition to the plan review application, a wholesale license requires a review by the State. Information regarding wholesale license approval by the Montana Department of Public Health and Human Services, Food and Consumer Safety Section can be found here.

Risk category is based on menu and food production processes. Here is a flow chart that will help you determine which risk category your operation falls under: Risk Category Flow Chart.

There are several options for submission of a plan review application. Be sure to include all required documentation and the plan review application fee when submitting:

1. To mail your application: Flathead County Environmental Health Department, 1035 First Ave W, Kalispell MT 59901
2. To e-mail your application: ehealth(at)flatheadcounty.gov
3. To drop off your application in person at 40 11th St W. Suite 210, Kalispell MT 59901.

Your application will not be reviewed until payment has been received. You can call our office at 406-751-8130 to pay over the phone with a credit card or submit a check or money order in the amount due with the application.

In most cases a plan review will be required for all new operators. A plan review application is required for all new construction, major remodels (remodels that involve changes in plumbing fixtures, new equipment layout or new floor plans) or menu changes (not including adding a new beverage flavor). However, if the facility is already licensed and is only making a change of ownership without either a remodel or menu change, a plan review may not be required.

The review process for plan review applications typically takes 2-3 weeks. The amount of time the plan review process takes depends on the number of applications recently received by this office. In the Spring and Summer, this office sees an increase in application submissions, which can increase the review time to 4-6 weeks. For more information on this, read our Plan Review Memo.

You will receive an approval or denial letter by e-mail. The letter may contain conditions that need to be met before a license can be issued. Once any conditions listed are met, you will need to schedule an inspection with the inspector that performed the review.

Approval of plans are good for 90 days. A licensing inspection must be scheduled before this expiration. However, an additional 90-day extension will be granted upon request by the applicant. Longer extensions may be considered and granted with special circumstances.

Expect to answer questions about the facility and its operation. Licensing inspections are mostly about the physical facility. No problems should arise as long as you adhered to the approved plans. The inspector will review some operational expectations, future inspections expectations, as well as the annual license renewal process. Assuming the inspection goes well, a license application will be completed and mailed to the State accompanied by your first year’s license fee. You will need a check or money order to pay this fee. More details about what to expect on a preopening/licensing inspection are available on our preoperational inspection checklist.

A commissary agreement is required for all mobile, catering, and temporary food service operations. These operations need an approved location to acquire potable water and to dispose of waste water. They may also need a place to store food, prepare food, and clean dishes, utensils or other equipment. A private residence is not an approved commissary.

No. A commissary must be an approved commercial kitchen and/or an approved water/wastewater facility.

An establishment not connected to a public water system must have their water tested two times per year for coliforms and once every three years for nitrates and nitrites. The recommended time to test is when water levels are highest and lowest, so during the seasons of fall and spring.

Dogs are not allowed in a food service establishment unless they are a service animal. When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. See the Americans with Disabilities Act guidance page for more information. There is also a printable trifold brochure available