D.C. Mun. Regs. r. 22-A3834

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 22-A3834 - DIETARY SERVICES
3834.1

Each MHCRF shall apply generally accepted principles of nutrition and food management to menu planning, food preparation and handling, kitchen maintenance, and service for residents of the facility.

3834.2

Each MHCRF shall have at least one (1) staff member who has obtained a Food Protection Manager (FPM) or Food Safety Manager (FSM) certification from an accredited national test service approved by the D.C. Department of Health. That staff member shall maintain a current certification in accordance with § 203 of the D.C. Food Code (25-A DCMR § 203 ).

3834.3

In addition to the requirements of § 3834.2, the MHCRF shall ensure that whenever food is being handled or served for human consumption, at least one (1) staff member is present who has a current FPM or FSM certification. That staff member shall ensure the proper preparation, handling, and service of food.

3834.4

The MHCRF shall require each certified FPM or FSM to supervise and train any staff members who are not certified as FPMs or FSMs in the storage, handling, and serving of food, and the cleaning and care of equipment used in food preparation in order to maintain sanitary conditions at all times. The kitchen, dining, and food storage areas shall be kept clean, orderly, and protected from contamination.

3834.5

Each individual engaged in food preparation, handling, or serving, shall wash their hands and exposed portions of arms frequently, and cover their hair with a net or other head covering.

3834.6

The MHCRF shall ensure that no person is involved in food preparation or service who shows signs or symptoms of a contagious illness, has exposed skin lesions, or is otherwise prohibited or restricted from performing these functions pursuant to §§ 303(a) - (e) and 300.4 - 307.10 of the D.C. Food Code (25-A DCMR § 303(a) - (e) and 300.4 - 307.10.

3834.7

The MHCRF shall provide at least three (3) meals per day that:

(a) Provide a nourishing, well-balanced and varied diet in accordance with dietary guidelines established by the United States Department of Agriculture;
(b) Are suited to the special needs of each resident; and
(c) Are adjusted for seasonal changes, and regularly include seasonal fresh fruits and vegetables.
3834.8

The MHCRF shall prepare and post menus on a weekly basis for the residents' review. Menus shall:

(a) Provide for a variety of foods and beverages at each meal taking into consideration the residents' personal and cultural preferences;
(b) Be varied from week to week;
(c) Include special diets; and
(d) Reflect meals as planned and as actually served, including hand-written notations in pen of any substitutions made.
3834.9

The MHCRF shall retain a copy of each weekly menu and receipts and invoices for food purchases for six (6) months, which shall be subject to review by the Department.

3834.10

Each meal shall be scheduled so that the maximum interval between each meal is no more than six (6) hours, with no more than fourteen (14) hours between a substantial evening meal and breakfast the following day.

3834.11

In between designated meal times, residents shall have access to food. This requirement may be modified if supported by a medically assessed need and justified in the person-centered service plan. If a resident misses a scheduled meal, appropriate food substitutions of comparable nutritional value shall be offered.

3834.12

If the MHCRF knows or is informed in advance that a resident will be away from the MHCRF during mealtime for necessary medical care, work, a day services program, or other scheduled activities or appointments, the MHCRF shall provide the resident with an appropriate meal and in-between meal snack to carry. The MHCRF shall ensure that the meal is nutritious and suited to the special needs of the resident as required by § 3834.7.

3834.13

Each food and drink item purchased, stored, prepared, or served by the facility shall be clean, wholesome, free from spoilage, prepared in a manner that is safe for human consumption, protected from contamination, and properly served in accordance with the requirements of §§ 600.1 and 700.1 of the D.C. Food Code (25-A DCMR §§ 600.1, 700.1) and this section.

3834.14

Each MHCRF shall have fresh water and clean drinking glasses available for each resident at all times.

3834.15

Each resident who needs assistance to eat or drink shall be given the assistance promptly upon receipt of meals.

3834.16

A MHCRF shall not permit smoking or use of tobacco products in the kitchen or in the vicinity of food preparation.

3834.17

Each MHCRF shall serve meals at proper temperatures. If an individual requires feeding assistance, food shall be maintained at serving temperature until assistance is provided. Food that is not promptly consumed shall be refrigerated or discarded.

3834.18

Food requiring refrigeration shall be promptly refrigerated after purchase and kept properly refrigerated until preparation for consumption or until consumed pursuant to §§ 1005.1 and 1005.2 of the D.C. Food Code (25-A DCMR §§ 1005.1 and 1005.2).

3834.19

Frozen foods shall be kept in the freezer and maintained frozen until preparation for consumption or until consumed pursuant to § 1000.1 of the D.C. Food Code (25-A DCMR § 1000.1).

3834.20

Food shall be protected from contamination by separating raw animal foods during storage, preparation, and holding from raw fruits and vegetables, cooked ready-to-eat foods, and other raw animal foods except when combining ingredients, as required by § 802 of the D.C. Food Code (25-A DCMR § 802).

3834.21

Raw animal foods, including eggs, fish, meat, poultry, and foods containing these raw animal foods shall be thoroughly cooked and heated to the temperatures required by § 900 of the D.C. Food Code (25-A DCMR § 900).

3834.22

Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption as required by § 806.1 of the D.C. Food Code (25-A DCMR § 806.1).

3834.23

The MHCRF shall ensure that the facility maintains at least a three (3) day supply of perishable food and a seven (7) day supply of bottled water and nonperishable food in a safe location, based on the menus for both regular and special diets in compliance with the MHCRF's Continuity of Operations Plan.

3834.24

Dry or staple food items shall be stored at least twelve (12) inches above the floor in a the kitchen or other dry room not subject to sewage or waste water back flow or contamination by condensation, leakage, rodents, or vermin. Food shall not be stored in a bathroom, garage, or mechanical room.

3834.25

All kitchen equipment, utensils, cookware and dishes shall be constructed of safe materials and maintained in good condition as required by § 3804.1 of the D.C. Food Code (25-A DCMR § 3804.1).

3834.26

All food contact surfaces, storage areas, counters, sinks and work surfaces shall be smooth, non-absorbent and easily cleanable, and shall be effectively cleaned and sanitized prior to preparation and serving of food and after each use as required by § 3804.2 of the D.C. Food Code (25-A DCMR § 3804.2).

3834.27

All eating utensils, pots, pans, cooking equipment, dishes, cups, glasses and other table ware shall be thoroughly cleaned and appropriately dried before use, and cleaned and properly stored after each meal to avoid contamination.

3834.28

Hot and cold water, soap, and towels shall be provided for hand washing in or adjacent to food preparation areas.

3834.29

Each MHCRF shall maintain a sufficient quantity of dishes, utensils, and cook ware to meet the needs of residents and staff.

3834.30

Receptacles for storage of garbage and refuse shall be waterproof and properly covered, and shall be emptied and cleaned regularly.

3834.31

The dining area shall have a sufficient number of tables and chairs to seat all

individuals residing in the home at the same time. Dining chairs shall be sturdy, safe, without rollers unless retractable, and designed to minimize tilting.

3834.32

Each MHCRF shall promote each resident's participation and skill development in menu planning, shopping, food storage, and kitchen maintenance, to the extent appropriate based on the resident's IRP.

D.C. Mun. Regs. r. 22-A3834

Final Rulemaking published at 64 DCR 1633 (2/16/2018)