Food Licensing & Operating Questions

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

Yes. 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, or retirement party — 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 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. An operation may need both. 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 operating in connection 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. Each license type has its own plan review application. 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 on the State wholesale food establishments page.

Risk category is based on menu and food production processes. Use the Risk Category Flow Chart (PDF) to determine which risk category your operation falls under.

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

1. By mail: Flathead County Environmental Health Department, 1035 First Ave W, Kalispell, MT 59901
2. By email: ehealth(at)flatheadcounty.gov
3. In person: 40 11th St W, Suite 210, Kalispell, MT 59901
   Your application will not be reviewed until payment has been received. Call (406) 751-8130 to pay over the phone with a credit card, or submit a check or money order for the amount due with the application.

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

The review process for plan review applications typically takes 2–3 weeks, depending on the number of applications recently received. In spring and summer, this office sees more submissions, which can increase review time to 4–6 weeks. For more information, read our Plan Review Memo (PDF).

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

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

Expect to answer questions about the facility and its operation. Licensing inspections are mostly about the physical facility, and no problems should arise as long as you adhered to the approved plans. The inspector will review operational expectations, future inspection expectations, and the annual license renewal process. Assuming the inspection goes well, a license application will be completed and mailed to the State along with your first year's license fee. You will need a check or money order to pay this fee. More details are available on our pre-operational / licensing inspection checklist (PDF).

A commissary agreement is required for all mobile, catering, and temporary food service operations. These operations need an approved location to obtain potable water and dispose of wastewater. 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 and wastewater facility.

An establishment not connected to a public water system must have its water tested twice 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 — during the fall and spring seasons.

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 ADA service animal guidance for more information. A printable trifold brochure (PDF) is also available.