(a) Crisis nurseries shall provide meals to children, as follows:
(1) All food shall be selected, stored, prepared and served in a safe and healthful manner. All meals shall be of the quality and in the quantity necessary to meet the needs of the children and the requirements recommended by the U.S. Department of Agriculture as specified in Title 7, Code of Federal Regulations, Section 226.20(b)-(c).
(2) Arrangements shall be made so that each child has available at least three meals per day.
(A) Not more than 15 hours shall elapse between the third meal of one day and first meal of the following day.
(3) Menus shall be written at least one week in advance and copies of the menus as served shall be dated and kept on file for at least 30 days. Menus shall be made available for review by the authorized representative and the Department upon request.
(4) Modified diets prescribed by a child's physician as a medical necessity shall be provided.
(A) The licensee shall obtain and follow instructions from the physician or dietitian on the preparation of the modified diet.
(5) Commercial foods shall be approved by appropriate federal, state and local authorities. All foods shall be selected, transported, stored, prepared and served so as to be free from contamination and spoilage and shall be fit for human consumption. Food in damaged containers shall not be accepted, used or retained.
(6) Meat, poultry and meat food products shall be inspected by state or federal authorities. Written evidence of such inspection shall be available for all products not obtained from commercial markets.
(7) Home canned foods from outside sources shall not be used.
(8) If food is prepared off the crisis nursery premises, the following shall apply:
(A) The preparation source shall meet all applicable requirements for commercial food services.
(B) The crisis nursery shall have the equipment and staff necessary to receive and serve the food and for cleanup.
(C) The crisis nursery shall maintain the equipment necessary for in-house preparation, or have an alternate source for food preparation, and service of food in emergencies.
(9) All persons engaged in food preparation and service shall observe personal hygiene and food services sanitation practices which protect the food from contamination.
(10) All foods or beverages capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxications shall be stored in covered containers at 45 degrees F (7.2 degrees C) or less.
(11) Pesticides and other similar toxic substances shall not be stored in food storerooms, kitchen areas, food preparation areas, or areas where kitchen equipment or utensils are stored.
(12) Soaps, detergents, cleaning compounds or similar substances shall be stored in areas separate from food supplies.
(13) All kitchen, food preparation, and storage areas shall be kept clean, free of litter and rubbish, and measures shall be taken to keep all such areas free of rodents, and other vermin.
(14) All food shall be protected against contamination. Contaminated food shall be discarded immediately.
(15) All equipment, fixed or mobile, dishes, and utensils shall be kept clean and maintained in safe condition.
(16) All dishes and utensils used for eating and drinking and in the preparation of food and drink shall be cleaned and sanitized after each usage.
(A) Dishwashing machines shall reach a temperature of 165 degrees F (74 degrees C) during the washing and/or drying cycle to ensure that dishes and utensils are cleaned and sanitized.
(B) Crisis nurseries not using dishwashing machines shall clean and sanitize dishes and utensils by an alternative comparable method.
(17) Equipment necessary for the storage, preparation and service of food shall be provided, and shall be well-maintained.
(18) Tableware and tables, dishes, and utensils shall be provided in the quantity necessary to serve the children.
(19) The Department shall have the authority to require the crisis nursery to provide written information, including menus, regarding the food purchased and used over a given period when it is necessary to determine if the licensee is in compliance with the food service requirements in this section.
(A) The Department shall specify in writing the written information required from the licensee.
(b) Written menus shall be posted weekly in an area accessible to the staff and children.
(c) The licensee shall meet the following food supply and storage requirements:
(1) Supplies of staple nonperishable foods for a minimum of one week and fresh perishable foods for a minimum of two days shall be maintained on the premises.
(2) Freezers shall be large enough to accommodate required perishables and shall be maintained at a temperature of zero degrees F (-17.7 degrees C).
(3) Refrigerators shall be large enough to accommodate required perishables and shall maintain a maximum temperature of 45 degrees F (7.2 degrees C).
(d) Meals shall be age-appropriate for food groups, special needs, and portion control.
(e) Meals shall vary weekly for children no longer on an infant bottle as a primary source of nutrition.
(f) Children who are not bottle-fed, as a primary source of nutrition, shall be given at least three nutritious snacks daily.
(g) Staff shall follow any dietary restrictions or plans noted in the child's record and not serve a child food to which the child has an allergy.
(h) The crisis nursery shall not serve honey or corn syrup to any infant.
(i) Crisis nursery staff supervising children shall wash their hands with antibacterial soap and water before each meal as follows:
(1) Using only soap in a dispenser, either liquid or powder.
(2) Using only disposable paper towels or an air drying machine for hand drying.
(j) To the extent possible meals shall be served in a group setting.
(1) Mealtimes shall be flexible and children shall be allowed to eat frequently.
(2) Commercially prepared baby food in jars shall be transferred to a dish before being fed to an infant.
(A) The staff shall discard any food left over in the dish at the end of the meal.
(k) The staff shall use appropriate seating equipment while feeding children.
(1) Children who are unable to sit unassisted shall be held by crisis nursery staff.
(2) If staff use high chairs or feeding tables, the high chairs or feeding tables shall have the following:
(A) A wide base.
(B) A safety strap shall be properly secured around the child or a tray that properly latches on both sides.
(3) Staff shall not allow an infant to pull on, climb on, climb into, or stand up in a high chair.
(l) There shall be an individual feeding plan for each infant that includes the following:
(1) The feeding schedule.
(2) The kind of milk or formula.
(3) The schedule for introduction of solid and new foods.
(4) Food consistency.
(5) Food likes and dislikes.
(6) Food allergies.
(7) Schedule for introduction of cups and utensils.
(8) Information from the previous caregiver shall be shared at staff shift changes.
(m) Staff shall feed an infant according to the individual plan.
(1) Staff shall hold the infant while bottle-feeding, unless it is necessary to protect the infant from over stimulation during mealtimes.
(2) If an infant holds the bottle, it shall be unbreakable and the infant shall not be allowed to carry a bottle while ambulating.
(3) At no time shall a bottle be propped.
(4) Information from the previous caregiver shall be shared at staff shift changes.
(n) The crisis nursery shall not use the food preparation area for the following:
(1) Children's play activities, unless such activities are part of a supervised food education program.
(2) Napping.
(3) Children's passageway, while food is being prepared or served.
(4) Bathing infants or rinsing diapers or clothing.
(o) Bottles and nipples shall be sterilized using any of the following methods after each use:
(1) Boiled for a minimum of five minutes and air dried.
(2) Soaked for a minimum of one minute in a sterilizing solution using one-half cup bleach and five gallons of water and air dried.
(3) Washed and sterilized using a commercial bottle sterilizer according to the manufacturer's directions or a dishwasher.
Credits
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1516 and 1531, Health and Safety Code.
History
1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section heading and section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
