(1) To qualify for reimbursement under 50-50-305 , MCA, a local board of health must either enter into a written, signed cooperative agreement with the department that establishes the duties and responsibilities of the local board of health and the department consistent with this subchapter, or meet each of the following requirements:

(a) At least one sanitarian working with or for the local board of health must receive training from the department in food retail and/or food processing inspection techniques. The department is responsible for making training and standardization review available on a periodic basis.

(b) The local board of health must ensure that the following are done by the local health officer, sanitarian, or sanitarian-in-training:

(i) Whenever a preliminary inspection is required by ARM 37.110.303, the food processing establishment is inspected for compliance with this subchapter within 10 days after receiving notice from the department that such a preliminary inspection is needed.

(ii) Each food processing establishment is inspected at least twice every 12 months, or on the schedule specified in a signed agreement with the department.

(iii) All the requirements of ARM 37.110.370 are met.

(iv) Quarterly inspection reports are submitted to the department within 10 days following the close of each quarter of the fiscal year (1st quarter--September 30; 2nd quarter--December 31; 3rd quarter--March 31; 4th quarter--June 30) on forms approved by the department.

(v) All documentation of enforcement of this subchapter, including but not limited to inspection reports, consumer complaints, illness investigations, plans of correction, and enforcement actions, is retained for 5 years and copies of the

documentation are submitted or otherwise made available to the department upon request.

(2) A failure by the local board of health to meet all of its responsibilities under the cooperative agreement or under (1) (a) and (b) above shall result in the withholding of funds from the local board reimbursement fund in an amount to be determined by the department.