Before You Open or Change a Food Business
Environmental Health reviews many food operations before they open, remodel, change ownership, change equipment, or change menu items. The review helps confirm that the facility, equipment, water, wastewater, food handling, and operating procedures meet food safety requirements.
Contact Environmental Health before beginning construction, purchasing major equipment, changing your menu, or planning a mobile, temporary, cottage food, retail, or wholesale food operation.
Food License Types
Food operations may need a license, permit, certificate, or registration before serving or selling food to the public. The type of approval depends on how food is prepared, where it is prepared, where it is sold, and whether it is sold directly to consumers or to another business.
Some packaged foods made by a licensed manufacturer and not requiring time or temperature control for safety may be sold without a local food license. Examples may include bottled water, canned soda, chips, and candy bars. Some limited food items made in a home kitchen may also be allowed under specific requirements. Contact Environmental Health if you are unsure which rules apply to your operation.
Retail Food Establishment
For businesses that sell or serve food directly to the customer. This may include restaurants, cafes, grocery food service areas, and similar operations.
Mobile Food Service
For food trucks, trailers, carts, or other mobile units that change location. Mobile food operations usually need an approved commissary.
Temporary Food Service
For food service connected to a temporary event, such as a booth, tent, kiosk, or short-term event setup.
Wholesale Food
For operations that sell food to another business that will resell or provide the food to consumers. Wholesale operations may also need review by the State.
Cottage Food
For certain lower-risk foods made in a home kitchen and sold under specific Montana requirements.
Plan Review
Plan review is the first step for many new or changing food operations. Each license type has its own plan review application. Your application should include all required documentation and the plan review fee.
Plan review may be required before you make changes
Plan review is not limited to new construction. A plan review application may be required before opening a new food operation, changing operators, completing a major remodel, or making menu changes that affect food preparation or food safety.
Major remodels may include changes to plumbing fixtures, equipment layout, food preparation areas, or floor plans.
If an existing licensed facility is only changing ownership and is not remodeling or changing the menu, plan review may not be required. Contact Environmental Health before beginning work or assuming review is not needed.
How to submit your application
Submit the completed plan review application, required documentation, and plan review fee. Applications are not reviewed until payment has been received.
- Mail: Flathead County Environmental Health Department, 1035 First Ave W, Kalispell, MT 59901
- Email: ehealth(at)flatheadcounty.gov
- Drop off: 40 11th St W, Suite 210, Kalispell, MT 59901
- Pay by phone: 406-751-8130
How long review may take
Plan review applications typically take 2 to 3 weeks to review. During spring and summer, review may take 4 to 6 weeks depending on the number of applications recently received.
Apply before you plan to open
Submit your application early. Construction, equipment purchases, menu changes, or opening dates should not depend on same-day approval.
After your plan review is complete
You will receive an approval or denial letter by mail. The letter may include conditions that must be met before a license can be issued. Once any conditions are met, schedule a licensing inspection with the inspector who performed the review.
Plan review approval is good for 90 days. A licensing inspection must be scheduled before the approval expires. An additional 90-day extension may be granted upon request. Longer extensions may be considered for special circumstances.
Pre-opening or licensing inspection
The pre-opening inspection focuses mostly on the physical facility and whether the approved plans were followed. Before the inspection, the facility should be set up as though it is ready to serve the first customer, even if food is not yet onsite.
Equipment must be installed, working, and ready for service. Construction should be complete, required building inspections should be finished, and any conditions listed in the approval letter should be addressed.
Re-inspection fees may apply if the facility is not ready at the time of the pre-opening inspection.
Use the pre-opening checklist before scheduling inspection
The checklist can help confirm that equipment, utilities, construction, required inspections, and approval-letter conditions are ready before the inspector arrives.
Commissaries
A commissary agreement is required for all mobile, catering, and temporary food service operations. These operations need an approved location for support activities that cannot be safely or legally handled from an unapproved location.
What a commissary may provide
- Potable water
- Wastewater disposal
- Food storage
- Food preparation space
- Dishwashing, utensil washing, or equipment cleaning
- Other approved support services needed for the operation
A private residence is not an approved commissary
A commissary must be an approved commercial kitchen and/or an approved water and wastewater facility. A home kitchen cannot serve as the commissary for a mobile, catering, or temporary food service operation.
Water Testing
Food establishments that are not connected to a public water system must test their water while the establishment is operating.
Coliform Testing
Water must be tested for coliforms every quarter that the establishment operates.
Nitrates and Nitrites
Water must be tested for nitrates and nitrites once every three years.
The recommended time to test is when water levels are highest and lowest, usually during spring and fall.
Special Processes, HACCP Plans, and Waivers
Some food processes require additional review because they can create food safety risks if they are not carefully controlled. These processes may require a HACCP plan, a waiver, additional documentation, or review by a processing authority.
Contact Environmental Health before using a special process
Do not begin using a special process until you know whether a HACCP plan, waiver, processing authority review, or additional operating procedure is required.
Examples of special processes
- Smoking food for preservation
- Curing food
- Using food additives as a method of preservation
- Rendering food so that it is not time/temperature control for safety
- Reduced oxygen packaging, also called ROP or vacuum packaging
- Cook-chill or sous vide processes
- Operating a molluscan shellfish tank for shellfish offered for human consumption
- Custom processing animals for personal use
- Sprouting seeds or beans
- Preparing food by another method determined to require a waiver
What HACCP documents may include
HACCP plans and standard operating procedures must be specific to the food, equipment, facility, and process being used. Required documents may include:
- A list of facilities using the plan
- A process flow diagram with critical control points
- Ingredient lists and preparation steps
- Equipment specifications
- Training plans or training logs
- Hazard worksheets
- HACCP worksheets for critical control points
- Standard operating procedures and monitoring logs
Approved plans must be followed
Once a HACCP plan or waiver is approved, it becomes part of the health permit. Changes to the approved process may require resubmission. Records must be kept and made available for review during inspections or when requested by Environmental Health.
Location
Suite 210
Kalispell, MT 59901
40 11th Street West
Suite 210
Kalispell, MT 59901
Contact Info
+1 (406) 751-8130
Email Us
+1 (406) 751-8131