Cal. Code Regs. tit. 22 § 101227

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 101227 - Food Service
(a) In child care centers providing meals to children, the following shall apply:
(1) All food shall be safe and of the quality and in the quantity necessary to meet the needs of the children. Each meal shall include, at a minimum, the amount of food components as specified by Title 7, Code of Federal Regulations, Part 226.20, (Revised January 1, 1990) Requirements for Meals, for the age group served. All food shall be selected, stored, prepared and served in a safe and healthful manner.
(2) Where all food is provided by the center, 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) Where meal service within a center is elective, arrangements shall be made to ensure availability of a daily food intake meeting the requirements of (a)(1) above for all children who elect meal service in their admission agreement.
(4) Between meals, snacks shall be available for all children unless the food a child may eat is limited by dietary restrictions prescribed by a physician. Each snack shall include at least one serving from each of two or more of the four major food groups.
(5) The following shall be offered daily:
(A) Full-day programs shall offer a midmorning and midafternoon snack.
(B) Full-day programs shall ensure that each child has a lunch.
1. The child's authorized representative may send meals and/or snacks for the child.
(C) Half-day programs shall offer a midmorning or midafternoon snack.
(6) Menus shall be in writing and shall be posted at least one week in advance in an area accessible for review by the child's authorized representative. 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 child's authorized representative and the Department upon request.
(7) 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.
(B) A child shall not be served any food to which the child's record indicates he/she has an allergy.
(8) 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.
(9) Where indicated, food shall be cut, chopped or ground to meet individual needs.
(10) Powdered milk shall not be used as a beverage but shall be allowed in cooking and baking. Raw milk, as defined in Division 15 of the California Food and Agricultural Code, shall not be used. Milk shall be pasteurized.
(11) Except upon written approval by the Department, 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.
(12) All home-canned foods shall be processed in accordance with standards of the University of California Agricultural Extension Service. Home-canned foods from outside sources shall not be used.
(13) If food is prepared off the center premises, the following shall apply:
(A) The preparation source shall meet all applicable requirements for commercial food services.
(B) The center shall have the equipment and staff necessary to receive and serve food and to clean up.
(C) The center shall maintain the equipment necessary for in-house food preparation, or shall have an alternate source for food preparation and service in the event of an emergency.
(14) All persons engaged in food preparation and service shall observe personal hygiene and food-service sanitation practices that protect food from contamination.
(15) All foods or beverages capable of supporting the rapid and progressive growth of microorganisms that can cause food infections or food intoxications shall be stored in covered containers at 45 degrees F (7.2 degrees C) or less.
(16) 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.
(17) Soaps, detergents, cleaning compounds or similar substances shall be stored in areas separate from food supplies.
(18) All kitchen, food-preparation and storage areas shall be kept clean and free of litter and rubbish; and measures shall be taken to keep all such areas free of rodents and other vermin.
(19) All food shall be protected against contamination. Contaminated food shall be discarded immediately.
(20) All equipment (fixed or mobile), dishes and utensils shall be kept clean and maintained in safe condition.
(21) All dishes and utensils used for eating and drinking, and in the preparation of food and drink, shall be cleaned and sanitized after each use.
(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) Centers not using dishwashing machines shall clean and sanitize dishes and utensils by an alternative comparable method.
(22) Equipment necessary for the storage, preparation and service of food or snacks shall be provided and shall be well-maintained. Necessary equipment shall include, but not be limited to:
(A) Sink.
(B) Hot and cold running water.
(C) Refrigeration.
(D) Storage space for food.
(23) Tables, dishes and utensils shall be provided in the quantity necessary to serve the children.
(24) Adaptive devices shall be provided for self-help in eating as needed by children.
(25) The food-preparation area shall not be used for:
(A) Children's play activities unless such activities are part of a supervised food-education program.
(B) Napping.
(C) A passageway for children while the area is being used for food preparation or service.
(b) The Department has the authority to require the center to provide documentation on food purchased and used over a given period, including menus, when necessary to determine if the licensee is complying with the food-service requirements in this chapter.
(1) The Department shall specify in writing the documentation required from the licensee.

Cal. Code Regs. Tit. 22, § 101227

1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of subsections (a) and (c) filed 5-16-91; operative 6-16-91 (Register 91, No. 27).
3. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).

Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81 and 1597.05, Health and Safety Code.

1. Change without regulatory effect (Register 86, No. 29).
2. Amendment of subsections (a) and (c) filed 5-16-91; operative 6-16-91 (Register 91, No. 27).
3. Amendment filed 9-14-98; operative 11-1-98 (Register 98, No. 38).